[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8416 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 401
117th CONGRESS
  2d Session
                                H. R. 8416

                      [Report No. 117-560, Part I]

  To improve individual assistance provided by the Federal Emergency 
               Management Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2022

 Ms. Titus (for herself, Mr. Graves of Louisiana, Miss Gonzalez-Colon, 
 and Mr. Carter of Louisiana) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
 addition to the Committees on Financial Services, and Small Business, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

                           November 15, 2022

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 15, 2022

    Committees on Financial Services and Small Business discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               19, 2022]


_______________________________________________________________________

                                 A BILL


 
  To improve individual assistance provided by the Federal Emergency 
               Management Agency, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster Survivors 
Fairness Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Information sharing for Federal agencies.
Sec. 3. Universal application for individual assistance.
Sec. 4. Repair and rebuilding.
Sec. 5. Direct assistance.
Sec. 6. State-managed housing pilot authority.
Sec. 7. Management costs.
Sec. 8. Post-disaster housing study.
Sec. 9. Funding for online guides for post-disaster assistance.
Sec. 10. Individual assistance dashboard.
Sec. 11. FEMA reports.
Sec. 12. Sheltering of emergency response personnel.
Sec. 13. Duplication of benefits.
Sec. 14. GAO report on preliminary damage assessments.
Sec. 15. Applicability.
    (c) Definitions.--Except as otherwise provided, the terms used in 
this Act 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).

SEC. 2. INFORMATION SHARING FOR FEDERAL AGENCIES.

    (a) Establishment of Electronic Information Sharing System.--
            (1) In general.--The Administrator of the Federal Emergency 
        Management Agency shall establish and maintain a web-based 
        interagency electronic information sharing system, to be known 
        as ``DisasterAssistance.gov'', to--
                    (A) facilitate the administration of the universal 
                application for Federal disaster assistance established 
                under section 3;
                    (B) carry out the purposes of disaster assistance 
                programs swiftly, efficiently, equitably, and in 
                accordance with applicable laws, regulations, and the 
                privacy and data protections provided under this 
                section; and
                    (C) detect, prevent, and investigate waste, fraud, 
                abuse, or discrimination in the administration of 
                disaster assistance programs.
            (2) Authorities of administrator.--In establishing and 
        maintaining the electronic information sharing system under 
        this subsection, the Administrator may collect and maintain 
        disaster assistance information received from a disaster 
        assistance agency or an applicant for a disaster assistance 
        program and share such information with any other disaster 
        assistance agency using such electronic information sharing 
        system.
    (b) Data Security.--The Administrator may facilitate the collection 
of disaster assistance information into the electronic information 
sharing system established under this section only after the following 
requirements have been met:
            (1) The Administrator certifies that the electronic 
        information sharing system substantially complies with the data 
        security standards and best practices of the National Institute 
        of Standards and Technology.
            (2) The Secretary of Homeland Security publishes a privacy 
        impact assessment for the electronic information sharing 
        system, in accordance with section 222 of the Homeland Security 
        Act of 2002 (6 U.S.C. 142).
            (3) The Administrator publishes standard rules of behavior 
        for disaster assistance agencies and personnel granted access 
        to disaster assistance information to protect such information 
        from improper disclosure.
    (c) Collection and Sharing of Additional Records and Information.--
            (1) In general.--The Administrator may authorize the 
        collection, maintenance, sharing, and use of additional 
        disaster assistance information by publishing a notice on 
        DisasterAssistance.gov that includes a detailed description 
        of--
                    (A) the specific amendments to the collection, 
                maintenance, and sharing of disaster assistance 
                information authorized;
                    (B) why each such amendment to how disaster 
                assistance information is collected, maintained, or 
                shared is necessary to carry out the purposes of a 
                disaster assistance program and consistent with the 
                fair information practice principles; and
                    (C) the disaster assistance agencies that will be 
                granted access to the additional information to carry 
                out the purposes of any disaster assistance program.
            (2) Notice and publication requirements.--The publication 
        of a notice under paragraph (1) of a revision to the 
        DisasterAssistance.gov system of records prior to any new 
        collection, or uses, of Privacy Act categories of records, to 
        carry out the purposes of a disaster assistance program with 
        regard to a disaster declared by the President under section 
        401 or 501 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170; 5191), shall be 
        deemed to satisfy the notice and publication requirements of 
        section 552a(e)(4) of title 5, United States Code, for the 90-
        day period beginning on the date on which the publication under 
        paragraph (1) is made.
            (3) Waiver of information collection requirements.--
                    (A) In general.--Upon the declaration of a major 
                disaster or emergency pursuant to sections 401 or 501 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170; 5191), the President 
                may direct the Administrator to waive the requirements 
                of subchapter I of chapter 35 of title 44, United 
                States Code, with respect to voluntary collection of 
                information for the duration of such major disaster or 
                emergency.
                    (B) Transparency.--Upon exercising the waiver 
                authority under subparagraph (A), the Administrator 
                shall--
                            (i) promptly post on a website of the 
                        Federal Emergency Management Agency a brief 
                        justification for such waiver, the anticipated 
                        period of time such waiver will be in effect, 
                        and the agencies and offices within the Federal 
                        Emergency Management Agency to which such 
                        waiver shall apply; and
                            (ii) update the information relating to 
                        such waiver, as applicable.
            (4) GAO review of waiver of information collection 
        requirements.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Comptroller General 
                of the United States shall issue a report describing 
                the benefits and potential risks associated with 
                authorizing the waiver of the information collection 
                requirements described in paragraph (3).
                    (B) Contents.--The report required under 
                subparagraph (A) shall include an assessment of the 
                extent to which a waiver described in paragraph (3) 
                would--
                            (i) affect the paperwork burden for 
                        individuals, small businesses, State, local and 
                        tribal governments, and other persons;
                            (ii) affect the consistent application of 
                        Federal laws relating to--
                                    (I) privacy and confidentiality;
                                    (II) security of information; and
                                    (III) access to information; and
                            (iii) encourage or deter a State or other 
                        entity from participating in the voluntary 
                        collection of information for the duration of a 
                        major disaster or emergency.
    (d) Use by Other Federal Agencies.--
            (1) In general.--The Administrator may permit a Federal 
        agency other than the disaster assistance agencies listed in 
        subparagraphs (A) through (C) of subsection (f)(2) to use the 
        electronic information sharing system established under this 
        section for the purpose of facilitating disaster-related 
        assistance if such agency enters into an agreement containing 
        the terms described in paragraph (2).
            (2) Agency agreement.--An agreement between the 
        Administrator and another Federal agency to use the electronic 
        information sharing system established under this subsection 
        shall contain the following terms:
                    (A) The Federal agency shall--
                            (i) collect, share, maintain, and use 
                        disaster assistance information in compliance 
                        with this section and in substantial compliance 
                        with the data security standards and best 
                        practices of the National Institute of 
                        Standards and Technology; and
                            (ii) train any personnel granted access to 
                        disaster assistance information on the rules of 
                        behavior established by the Administrator under 
                        subsection (b)(3).
                    (B) In the event of any unauthorized disclosure of 
                disaster assistance information, the Federal agency 
                shall--
                            (i) notify the Administrator within 24 
                        hours of discovering any such unauthorized 
                        disclosure;
                            (ii) cooperate fully with the Administrator 
                        in the investigation and remediation of any 
                        such disclosure;
                            (iii) cooperate fully in the prosecution of 
                        a person responsible for such disclosure; and
                            (iv) assume the responsibility for any 
                        compensation, civil liability, or other 
                        remediation measures, whether awarded by a 
                        judgment of a court or agreed as a compromise 
                        of any potential claims by or on behalf of an 
                        applicant, including by obtaining credit 
                        monitoring and remediation services, for an 
                        improper disclosure that is--
                                    (I) caused, directly or indirectly, 
                                by the acts or omissions of officers, 
                                employees, and contractors of the 
                                agency; or
                                    (II) from any electronic system of 
                                records that is created or maintained 
                                by the agency pursuant to section 
                                552a(e) of title 5, United States Code.
            (3) Publication of agency agreement.--The Administrator 
        shall publish an agency agreement entered into under this 
        subsection on the same website as the electronic information 
        sharing system established under this section.
    (e) Rule of Construction.--The sharing of disaster assistance 
information that is subject to the requirements of section 552a of 
title 5, United States Code, by disaster assistance agencies shall 
not--
            (1) be construed as a matching program for purposes of 
        section 552a(a)(8) of such title; or
            (2) be subject to the remaining computer matching 
        provisions of section 552a of such title.
    (f) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means--
                    (A) a person who applies for disaster assistance 
                from a disaster assistance program; and
                    (B) a person on whose behalf a person described in 
                subparagraph (A) has applied for disaster assistance.
            (2) Disaster assistance agency.--The term ``disaster 
        assistance agency'' means--
                    (A) the Federal Emergency Management Agency;
                    (B) the Department of Housing and Urban 
                Development;
                    (C) the Small Business Administration;
                    (D) the Department of Agriculture; and
                    (E) any other Federal agency that the Administrator 
                permits to use the electronic information sharing 
                system under subsection (d).
            (3) Disaster assistance information.--The term ``disaster 
        assistance information'' includes any personal, biographical, 
        geographical, and financial information that a disaster 
        assistance agency is authorized to collect, maintain, share, or 
        use to process an application for disaster assistance or 
        otherwise carry out a disaster assistance program.
            (4) Disaster assistance program.--The term ``disaster 
        assistance program'' means--
                    (A) any program that provides assistance to 
                individuals and households under title IV or title V of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170 et seq.); and
                    (B) any other assistance program carried out by a 
                disaster assistance agency that provides assistance to 
                an individual, household, or organization related to a 
                major disaster or emergency declared under sections 401 
                or 501 of such Act, including--
                            (i) disaster assistance, long-term disaster 
                        recovery, post-disaster restoration of 
                        infrastructure and housing, post-disaster 
                        economic revitalization, and pre-disaster 
                        mitigation under title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.);
                            (ii) any loan that is authorized under 
                        section 7(b) of the Small Business Act (15 
                        U.S.C. 636(b)); and
                            (iii) the distribution of food benefit 
                        allotments as authorized under section 412 of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5179) and 
                        section 5(h) of the Food Stamp Act of 1977 (7 
                        U.S.C. 2014(h)).

SEC. 3. UNIVERSAL APPLICATION FOR INDIVIDUAL ASSISTANCE.

    (a) Universal Application.--The Administrator of the Federal 
Emergency Management Agency shall develop and establish a universal 
application for Federal disaster assistance for individuals in areas 
impacted by emergencies or disasters.
    (b) Consultation and Support.--
            (1) Consultation.--In carrying out this section, the 
        Administrator shall consult with the following:
                    (A) The Director of the Office of Management and 
                Budget.
                    (B) The Administrator of the Small Business 
                Administration.
                    (C) The Secretary of Housing and Urban Development.
                    (D) The Secretary of Agriculture.
            (2) Support.--The entities described in paragraph (1) shall 
        provide prompt support to the Administrator.
    (c) Survey.--The application established under subsection (a) shall 
include a voluntary survey to collect the demographic data of an 
applicant.
    (d) GAO Assessment on Identity Theft and Disaster Fraud in Disaster 
Assistance Programs.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall--
            (1) conduct an assessment of improper and potentially 
        fraudulent Federal disaster assistance for individuals made to 
        victims of major disasters declared in 2020 and 2021, including 
        through identity theft; and
            (2) 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 that describes--
                    (A) the prevalence of improper and potentially 
                fraudulent Federal disaster assistance for individuals 
                made to registrants who used invalid information to 
                apply for disaster assistance, including through 
                identity theft;
                    (B) the number of disaster victims whose claims for 
                Federal disaster assistance for individuals were denied 
                due to another individual filing a fraudulent 
                application using their personal identifying 
                information;
                    (C) the adequacy of existing fraud prevention 
                protocols in place on the Federal Emergency Management 
                Agency's online application for Federal disaster 
                assistance for individuals; and
                    (D) recommendations for improving the identity 
                verification protocols in place for Federal disaster 
                assistance for individuals.

SEC. 4. REPAIR AND REBUILDING.

    (a) In General.--Section 408(b)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is 
amended--
            (1) by striking ``rendered uninhabitable'' and inserting 
        ``damaged by a major disaster''; and
            (2) by striking ``uninhabitable, as a result of damage 
        caused by a major disaster'' and inserting ``damaged by a major 
        disaster''.
    (b) Hazard Mitigation.--Section 408 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is 
amended--
            (1) in subsection (c) by adding at the end the following:
            ``(5) Hazard mitigation.--
                    ``(A) In general.--The President may provide 
                financial assistance to individuals and households, 
                whose primary residence, utilities, or residential 
                infrastructure are damaged by a major disaster, for 
                cost-effective hazard mitigation measures that reduce 
                threats to life and property, or future damage to such 
                residence, utilities, or infrastructure in future 
                disasters.
                    ``(B) Relationship to other assistance.--A 
                recipient of assistance provided under this paragraph 
                shall not be required to show that the assistance can 
                be met through other means, except insurance 
                proceeds.''; and
            (2) in subsection (h)--
                    (A) in paragraph (1) by inserting ``, financial 
                assistance for hazard mitigation under subsection 
                (c)(5)(A),'' after ``subsection (c)(1)(A)(i)''; and
                    (B) by adding at the end the following:
            ``(5) Hazard mitigation.--The maximum financial assistance 
        any individual or household may receive under subsection (c)(5) 
        shall be equivalent to the amount set forth in paragraph (1) 
        with respect to a single major disaster.''.

SEC. 5. DIRECT ASSISTANCE.

    (a) In General.--Section 408(c) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is further 
amended by striking paragraph (2) and inserting the following:
            ``(2) Repairs.--
                    ``(A) Financial assistance for repairs.--The 
                President may provide financial assistance for the 
                repair of owner-occupied private residences, utilities, 
                and residential infrastructure (such as a private 
                access route) damaged by a major disaster, or with 
                respect to individuals with disabilities, rendered 
                inaccessible by a major disaster.
                    ``(B) Direct assistance for repairs.--
                            ``(i) In general.--The President may 
                        provide direct assistance to individuals and 
                        households who are unable to make use of 
                        financial assistance under subparagraph (A) and 
                        when there is a lack of available resources, 
                        for--
                                    ``(I) the repair of owner-occupied 
                                private residences, utilities, and 
                                residential infrastructure (such as a 
                                private access route) damaged by a 
                                major disaster, or with respect to 
                                individuals with disabilities, rendered 
                                inaccessible by a disaster; and
                                    ``(II) eligible hazard mitigation 
                                measures that reduce the likelihood and 
                                future damage to such residences, 
                                utilities, and infrastructure.
                            ``(ii) Eligibility.--A recipient of 
                        assistance under this subparagraph shall not be 
                        eligible for assistance under paragraph (1), 
                        unless otherwise determined by the 
                        Administrator.
                    ``(C) Relationship to other assistance.--A 
                recipient of assistance provided under this paragraph 
                shall not be required to show that the assistance can 
                be met through other means, except insurance 
                proceeds.''.
    (b) State- or Indian Tribal Government-administered Assistance and 
Other Needs Assistance.--Section 408(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is 
amended--
            (1) by striking ``subsections (c)(1)(B), (c)(4), and (e)'' 
        each place it appears and inserting ``paragraphs (1)(B), 
        (2)(B), and (4) of subsection (c) and subsection (e)''; and
            (2) in paragraph (3)(A) by striking ``subsection (c)(1)(B), 
        (c)(4), or (e)'' and inserting ``paragraph (1)(B), (2)(B), or 
        (4) of subsection (c) or subsection (e)''.

SEC. 6. STATE-MANAGED HOUSING PILOT AUTHORITY.

     Section 408 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) is amended--
            (1) in subsection (f)(3)--
                    (A) by striking subparagraph (F);
                    (B) by redesignating subparagraphs (G), (H), (I), 
                and (J) as subparagraphs (F), (G), (H), and (I), 
                respectively; and
                    (C) in subparagraph (I), as so redesignated--
                            (i) in clause (ii) by striking ``Not later 
                        than 2 years after the date of enactment of 
                        this paragraph, the'' and inserting ``The''; 
                        and
                            (ii) in clause (iii) by striking--
                                    (I) ``2 years after the date of 
                                enactment of this paragraph or'' and
                                    (II) ``, whichever occurs sooner''; 
                                and
            (2) in subsection (g)--
                    (A) in paragraph (1) by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following:
            ``(3) Disaster assistance.--In the case of assistance 
        provided under subsections (c)(1)(B), (c)(2)(B), and (c)(4), 
        the Federal share shall be not less than 75 percent.''.

SEC. 7. MANAGEMENT COSTS.

    Section 324(b)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5165b(b)(2)(C)) is amended by 
adding at the end the following:
                    ``(C) Individual assistance.--A grantee under 
                section 408(f) may be reimbursed not more than 12 
                percent of the total award amount under each such 
                section.
                    ``(D) Crisis counseling assistance, training, and 
                case management services.--A grantee and subgrantee, 
                cumulatively, may be reimbursed not more than 15 
                percent of the total amount of the grant award under 
                either section 416 or 426.''.

SEC. 8. POST-DISASTER HOUSING STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Emergency Management 
Agency shall--
            (1) conduct a study and develop a plan under which the 
        Agency will address the challenges associated with providing 
        housing assistance to survivors of major disasters or 
        emergencies, including circumstances in which--
                    (A) the presence of multiple families within a 
                single household; and
                    (B) the near loss of a community, with the majority 
                of homes destroyed in such community, with discrete 
                assessments on flood, wildfire, and earthquake events; 
                and
            (2) make recommendations for legislative changes needed to 
        address the challenges described in paragraph (1).
    (b) Report to Congress.--Upon completion of the activities carried 
out under subsection (a), 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 of the Senate a report containing the study and recommendations 
required under subsection (a).

SEC. 9. FUNDING FOR ONLINE GUIDES FOR POST-DISASTER ASSISTANCE.

    (a) Use of Services of Other Agencies.--Section 201(a) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131(a)) is amended--
            (1) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(8) post-disaster assistance.''.
    (b) Funding for Online Guides for Assistance.--Section 201 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131) is amended by adding at the end the following:
    ``(e) Funding for Online Guides for Assistance.--
            ``(1) In general.--The Administrator of the Federal 
        Emergency Management Agency may enter into a cooperative 
        agreement to provide funding to a State agency established 
        under subsection (c) to establish and operate a website to 
        provide information relating to post-disaster recovery funding 
        and resources to a community or an individual impacted by a 
        major disaster or emergency.
            ``(2) Management.--A website created under this subsection 
        shall be--
                    ``(A) managed by the State agency; and
                    ``(B) suitable for the residents of the State of 
                the State agency.
            ``(3) Content.--The Administrator may enter into a 
        cooperative agreement to establish a website under this 
        subsection only to provide 1 or more of the following:
                    ``(A) A list of Federal, State, and local sources 
                of post-disaster recovery funding or assistance that 
                may be available to a community after a major disaster 
                or emergency.
                    ``(B) A list of Federal, State, and local sources 
                of post-disaster recovery funding or assistance that 
                may be available to an individual impacted by a major 
                disaster or emergency.
                    ``(C) A technical guide that lists and explains the 
                costs and benefits of alternatives available to a 
                community to mitigate the impacts of a major disaster 
                or emergency and prepare for sequential hazards such as 
                flooding after a wildfire.
            ``(4) Cooperation.--A State agency that enters into a 
        cooperative agreement under this subsection shall cooperate 
        with the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of Housing and Urban Development, 
        the Administrator of the Small Business Administration, and the 
        Administrator of the Federal Emergency Management Agency in 
        developing a website under this subsection.
            ``(5) Updates.--A State agency that receives funding to 
        establish a website under this subsection shall update the 
        website not less than once every 6 years.''.

SEC. 10. INDIVIDUAL ASSISTANCE DASHBOARD.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end 
the following:

``SEC. 431. INDIVIDUAL ASSISTANCE DASHBOARD.

    ``(a) In General.--Not later than 30 days after a declaration by 
the President that a major disaster exists under section 401, the 
Administrator of the Federal Emergency Management Agency shall publish 
on a website of the Agency an interactive web tool displaying the 
following information with respect to such disaster:
            ``(1) The number of applications for assistance under 
        section 408, including a description of the number of 
        applications for assistance related to housing under such 
        section and the number of applications for assistance to 
        address other needs under section 408(e).
            ``(2) The number of applications for such assistance that 
        are approved.
            ``(3) The number of applications for such assistance that 
        are denied.
            ``(4) A ranked list of the reasons for the denial of such 
        applications, including the number of applications for each 
        reason for denial.
            ``(5) The dollar amount of assistance provided pursuant to 
        section 408 to--
                    ``(A) property owners; and
                    ``(B) renters.
            ``(6) The estimated percentage of residential property that 
        was destroyed as a result of the major disaster.
    ``(b) Personally Identifiable Information.--The Administrator shall 
ensure that none of the information published under subsection (a) 
contains the personally identifiable information of an applicant.''.

SEC. 11. FEMA REPORTS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Emergency Management Agency shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Government Affairs of the Senate a report with respect to fiscal year 
2016 through the most recent fiscal year ending before the date of 
enactment of this Act, and an annual report for any fiscal year 
beginning on or after the date of enactment of this Act, describing--
            (1) the average amount of individual assistance and 
        individual and household assistance provided under section 408 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) to, and the rate of 
        denial of individual assistance and individual and household 
        assistance provided under such section for--
                    (A) all individuals;
                    (B) households;
                    (C) individuals and households with an annual 
                income under 75 percent of the national median 
                household income;
                    (D) individuals with an annual income over 125 
                percent of the national median household income; and
                    (E) individuals with an annual income between 75 
                percent and 125 percent of the national median 
                household income; and
            (2) an explanation for any factors causing an increase in 
        the rate of denial of the assistance described in paragraph 
        (1), if applicable.

SEC. 12. SHELTERING OF EMERGENCY RESPONSE PERSONNEL.

    Section 403 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the 
following:
    ``(e) Sheltering of Emergency Response Personnel.--
            ``(1) In general.--For any major disaster for which the 
        President has authorized emergency protective measures for an 
        area within the jurisdiction of a State, tribal, or local 
        government, the Administrator may reimburse the State, tribal, 
        or local government for costs relating to sheltering emergency 
        response personnel, including individuals that are a part of 
        the same predisaster household as such personnel, in exclusive-
        use congregate or non-congregate settings if the Governor of 
        the State or chief executive of the tribal or local government 
        determines that the damage or disruption to such area is of 
        such a magnitude as to disrupt the provision of emergency 
        protective measures within such area.
            ``(2) Limitation of assistance.--
                    ``(A) In general.--The Administrator may only 
                reimburse a State, tribal, or local government for the 
                costs of sheltering emergency response personnel under 
                paragraph (1) for such a period of time as the 
                Administrator determines reasonable based in the 
                individual characteristics of and impacts to the 
                affected area, including the extent of damage, the 
                availability of alternative housing options, the 
                availability of utilities, and disruptions to 
                transportation infrastructure.
                    ``(B) Maximum duration of reimbursement.--The 
                period of reimbursement under subparagraph (A) may not 
                exceed the 6-month period beginning on the date on 
                which the incident period ends.
            ``(3) Definition.--In this subsection, the term `emergency 
        response personnel' means--
                    ``(A) employees or contracted employees providing 
                law enforcement, fire suppression, rescue, emergency 
                medical, emergency management, or emergency 
                communications services; and
                    ``(B) elected officials, except members of 
                Congress, responsible for the overseeing or directing 
                emergency response operations or recovery 
                activities.''.

SEC. 13. DUPLICATION OF BENEFITS.

    Section 312(b)(4) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at 
the end the following:
                    ``(D) Limitation on use of income criteria.--In 
                carrying out subparagraph (A), the President may not 
                impose additional income criteria on a potential grant 
                recipient who has accepted a qualified disaster loan in 
                determining eligibility for duplications of benefit 
                relief.''.

SEC. 14. GAO REPORT ON PRELIMINARY DAMAGE ASSESSMENTS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the practices, including the accuracy of such 
practices, that the Federal Emergency Management Agency uses when 
conducting preliminary damage assessments for the purposes of providing 
assistance under section 408 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42. U.S.C. 5174).
    (b) Contents.--The Comptroller General shall include in the study 
conducted under subsection (a) the following:
            (1) A comparison of the process and procedures used by the 
        Federal Emergency Management Agency to complete preliminary 
        damage assessments to the process and procedures used by 
        private insurance companies following a major disaster.
            (2) A review of training provided to individuals conducting 
        preliminary damage assessments.
            (3) A comparison of damage estimates for homes owned by 
        individuals above the national median income to homes owned by 
        individuals at or below the national median income.

SEC. 15. APPLICABILITY.

    The amendments made by sections 4, 5, 7, 9, and 12 shall only apply 
to amounts appropriated on or after the date of enactment of this Act.
                                                 Union Calendar No. 401

117th CONGRESS

  2d Session

                               H. R. 8416

                      [Report No. 117-560, Part I]

_______________________________________________________________________

                                 A BILL

  To improve individual assistance provided by the Federal Emergency 
               Management Agency, and for other purposes.

_______________________________________________________________________

                           November 15, 2022

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           November 15, 2022

    Committees on Financial Services and Small Business discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed