118 HR 6084 IH: Expediting Disaster Recovery Act
U.S. House of Representatives
2023-10-26
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I
118th CONGRESS
1st Session
H. R. 6084
IN THE HOUSE OF REPRESENTATIVES
October 26, 2023
Mr. Graves of Louisiana (for himself and Ms. Plaskett) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that unmet needs after a major disaster are met.
1.

Short title
This Act may be cited as the “Expediting Disaster Recovery Act”.
2.

Unmet needs assistance
(a)

In general
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:
“431.

Unmet needs assistance
(a)

In general
After the declaration of a major disaster under section 401, the President may direct the Administrator of the Federal Emergency Management Agency to provide to a State assistance necessary for meeting unmet needs as a result of such disaster.
(b)

Funding
(1)

Amount of funding
Not later than 30 days after the President declares a major disaster under section 401, the President, acting through the Administrator, may allocate an amount that equals up to 10 percent of the estimated aggregate amount of the grants to be made pursuant to sections 406 and 408 for the major disaster in order to provide technical and financial assistance under this section and such amounts shall be considered to be related to activities carried out with assistance provided under this Act.
(2)

Estimated aggregate amount
Not later than 180 days after each major disaster declared pursuant to this Act, the estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates.
(3)

No reduction in amounts
Nothing in this section shall be construed to reduce the amounts otherwise made available for sections 403, 404, 406, 407, 408, 410, 416, and 428 under this Act.
(c)

Unmet needs
Financial assistance provided under this section may be used to provide assistance, in addition to other amounts made available under this Act, for the following unmet needs:
(1)
Disaster-related home repair and rebuilding assistance to families for permanent housing purposes, including in conjunction with eligible expenditures under section 408.
(2)
Disaster-related unmet needs of families who are unable to obtain adequate assistance from other sources.
(3)
Other disaster-related services that alleviate human suffering and promote the well-being of disaster victims.
(4)
Economic and business activities (including food and agriculture) after a disaster to implement post-disaster economic recovery measures, including planning and technical assistance for long-term economic recovery plans, infrastructure improvements, business or infrastructure financing, market or industry research, and other activities authorized under a comprehensive economic development strategy.
(d)

Accounting and fiscal controls
(1)

In general
Not later than 6 months after receipt of funds and every 6 months thereafter until all such funds are expended, each State receiving such funds shall submit to the Administrator a report that includes—
(A)
the criteria established for determining how the funds are spent;
(B)
the allocation of such funds; and
(C)
the process for public notice and comment.
(2)

Compliance
Section 312(b) shall apply to this section.
(3)

Administrative costs
A State that receives funds under this section may expend not more than 5 percent of the amount of such funds for the administrative costs of providing financial assistance to individuals and households in the State.”.
(b)

Applicability
This section and the amendments made by this section shall apply to funds appropriated on or after the date of enactment of this Act.
3.

Further considerations for disaster declarations
(a)

In general
In making recommendations to the President regarding the declaration of a major disaster or emergency pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or the proposed non-Federal share of the cost of carrying out activities with assistance provided under such Act, the Administrator of the Federal Emergency Management Agency shall give greater weight and consideration to severe local impact resulting from such disaster or emergency and, in the 5-year period preceding such disaster or emergency, whether multiple other disasters or emergencies have occurred in the affected area.
(b)

Revisions to guidance, policies, and regulations
The Administrator shall take such actions as are necessary to revise any policies, guidance, or regulations of the Agency to implement subsection (a).
(c)

Report
Not later than 1 year after the date of enactment of this section, 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 on the implementation of this section and shall include in such report a description of—
(1)
changes made to guidance, policies, or regulations pursuant to subsection (b); and
(2)
the number of major disasters and emergencies that have been declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act based on the criteria described in subsection (a).
4.

Repair and rebuilding
(a)

In general
Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (A)(i) by striking “to a safe and sanitary living or functioning condition”; and
(B)
in subparagraph (B)—
(i)
by striking “A recipient of” and inserting the following:
“(i)

Evidence of other means of assistance
A recipient of”; and
(ii)
by adding at the end the following:
“(ii)

Coordination with other assistance
Assistance allowed under this paragraph may be used in coordination with other sources for the repair and rebuilding of an owner-occupied residence.”; and
(2)
in paragraph (4) by striking “in cases in which” and all that follows through the end of the paragraph and inserting “if the President considers it a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section, and long-term rebuilding costs associated with section 431.”.
(b)

Applicability
This section and the amendments made by this section shall apply to funds appropriated on or after the date of enactment of this Act.
5.

FEMA Emergency Home Repair Program
(a)

In general
Section 403(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is amended—
(1)
in paragraph (3)—
(A)
in subparagraph (I) by striking “and” at the end;
(B)
in subparagraph (J) by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(K)
minor repairs up to habitability of owner-occupied homes damaged by the disaster in order for survivors to safely shelter in place.”; and
(2)
by adding at the end the following:
“(5)

Duplication of benefit limitations
Notwithstanding section 312, any minor repairs up to habitability of owner-occupied homes may not be considered a duplication of any owner benefits.
(6)

Sheltering and housing options
Not later than 15 days after a declaration of a major disaster, the Federal coordinating officer shall provide all sheltering and housing options available under this section to a State Governor, or the designated State coordinating officer.
(7)

Definitions
In this subsection, the term “minor repairs up to habitability” means the minimum standards for permanent housing described in section 576.403(c) of title 24, Code of Federal Regulations (or successor regulations).”.
(b)

Rulemaking
Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement the amendments made by this section.
6.

Appeals of individuals and households program benefits
The Administrator shall revise section 206.115 of title 44, Code of Federal Regulations, to require the Federal Emergency Management Agency to provide to any applicant who appeals a determination of eligibility of assistance—
(1)
any documentation used to make such determination, including any inspection documents that exist;
(2)
a description of—
(A)
the reasons for such determination; and
(B)
recommended steps that could be taken to remedy a determination of ineligibility, including, as applicable, a list of additional documentation that the applicant may provide; and
(3)
any inspection documents that exist not later than 10 days after the completion of the inspection.
7.

Period of assistance
The Administrator shall revise section 206.115 of title 44, Code of Federal Regulations, to extend the period of assistance for Federal assistance to individuals and households to 24 months after the date of a major disaster declaration pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
8.

Report to Congress on major disaster declarations
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the following information with respect to each major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during the 5-year period preceding such date of enactment:
(1)
The process used by the Federal Emergency Management Agency to determine individual household need.
(2)
An itemization of the most common reasons for denial of individual and household assistance pursuant to section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174).
(3)
The rate of appeals of denial of such assistance.
(4)
The amount of time the Agency takes to issue a decision regarding eligibility for individual assistance, disaggregated by each such major disaster.
(5)
Information on the use of Disaster Legal Services and the number of applicants who were eligible for such services.
(6)
The total number of Disaster Legal Services volunteers as of such date of enactment.
(7)
The number of such volunteers who were activated for each such major disaster.
(8)
The amount of time taken after the declaration of each such major disaster to set up disaster recovery centers that provide access to individual assistance.
(9)
The number of disaster recovery centers opened for each such major disaster.
(10)
The process used for selecting the location of such disaster recovery centers.
(11)
The average amount of time disaster recovery centers remained open.
(12)
The average amount of time individual survivors spend at such centers.
(13)
A description of outreach efforts in low-income, rural, and underserved communities regarding the availability of assistance provided by the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
9.

Review by Comptroller General
Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(1)
conduct a review of the fiscal controls of States that receive assistance under section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by section 2; and
(2)
make recommendations regarding the program established under such section to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.