118 HR 9750 IH: Natural Disaster Recovery Program Act of 2024
U.S. House of Representatives
2024-09-23
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 9750
IN THE HOUSE OF REPRESENTATIVES
September 23, 2024
Mr. Rouzer (for himself and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To authorize the President to provide disaster assistance to States and Indian Tribes under a major disaster recovery program, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Natural Disaster Recovery Program Act of 2024”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Natural Disaster Recovery Program.
Sec. 3. Unmet needs assistance.
Sec. 4. Further considerations for disaster declarations.
Sec. 5. Repair and rebuilding.
Sec. 6. FEMA Emergency Home Repair Program.
Sec. 7. Appeals of individuals and households program benefits.
Sec. 8. Report to Congress on major disaster declarations.
Sec. 9. Review by Comptroller General.
Sec. 10. Use of excess funds for management costs.
Sec. 11. GAO study on timing of closing out disaster recovery.
2.

Natural Disaster Recovery Program
(a)

In general
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end of title IV the following:
“431.

Natural Disaster Recovery Program
(a)

Natural disaster recovery reserve fund
(1)

In general
There is established in the Treasury of the United States an account to be known as the Natural Disaster Recovery Reserve Fund (in this section referred to as the “Fund”).
(2)

Amounts
The Fund shall consist of—
(A)
any amounts appropriated, and deposited in the Fund, for a specific major disaster declared under section 401; and
(B)
amounts deposited into the Fund pursuant to paragraph (4).
(3)

Use of funds
Amounts in the Fund shall be available, pursuant to a declaration of a major disaster—
(A)
to States and Indian tribal governments for unmet need related to a major disaster is declared under section 401; and
(B)
with respect to grantees that have been allocated assistance for such unmet need, for technical assistance and capacity building under subsection (c)(2) to facilitate planning and increase capacity to administer assistance under this section.
(4)

Unused amounts
If any amounts made available for assistance under this section to grantees remain unexpended on the earlier of—
(A)
the date that the grantee of such amounts notifies the President that the grantee has completed all activities; or
(B)
except as provided in paragraph (5), the expiration of the 6-year period beginning when the President obligates such amounts to the grantee, the President shall transfer such unexpended amounts to the Secretary of the Treasury for deposit into the Fund, except that the President may permit the grantee to retain amounts needed to close out the grant.
(5)

Extension of period for use of funds
The period under paragraph (4)(B) may be extended by not more than 4 years if, before the expiration of such 6-year period, the President waives this requirement and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the period of such extension.
(b)

Assessment of unmet need
(1)

In general
To assess unmet need with respect to a major disaster under section, not later than 90 days after the declaration of such a disaster, the President shall coordinate with other Federal agencies, as determined appropriate and including the Administrator of the Small Business Administration, to obtain data on all recovery needs and the amount of such recovery needs that are unmet, including—
(A)
all data on damage caused by the disaster;
(B)
information on how any Federal assistance provided in connection with the disaster has been expended;
(C)
information on the effect of the disaster on education, transportation capabilities and dependence, housing needs, health care capacity, and displacement of persons; and
(D)
the extent of the unmet need remaining in relation to such disaster.
(2)

Public availability
The President shall make publicly available the data described in paragraph (1) for any major disaster for which assistance is provided from the Fund under this section.
(3)

Protection of personally identifiable information
In carrying out this subsection, the President and any recipient of funds under this section shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided under this section is not made publicly available by any agency with which information is shared pursuant to this subsection.
(c)

Administrative costs
(1)

In general
A State or Indian tribal government receiving a grant under this section may use not more than 13 percent of the amount of grant funds received, or within such other percentage as may be established pursuant to subparagraph (B), for administrative costs, including costs related to audits, reviews, oversight, evaluation, and investigations.
(2)

Discretion to establish sliding scale
The President may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs, but only if—
(A)
such percentage limitations are based on the amount of grant funds received by a grantee; and
(B)
such series provides that the percentage that may be used is lower for grantees receiving a greater amount of grant funds and such percentage that may be used is higher for grantees receiving a lesser amount of grant funds.
(3)

Technical assistance; capacity building
From funds made available for use under this section, the President may provide—
(A)
necessary technical assistance to grantees to ensure grantees are compliant with Federal law; and
(B)
capacity building assistance, including assistance regarding contracting and procurement processes, including providing solicitation and contractual templates that conform to Federal requirements for use by grantees.
(d)

Allocation, process, and procedures; coordination
(1)

Allocation
(A)

In general
The President shall allocate funds under this section proportionally to grantees based on their level of unmet need as determined under subsection (b).
(B)

Grantee use of funds
Each grantee—
(i)
shall be solely responsible for determining how funds provided under this section are prioritized and expended; and
(ii)
shall not be required to provide an action or spending plan to the President before or after funds are allocated.
(C)

Limitation
Notwithstanding section 312, a loan shall not—
(i)
be considered a duplication of benefits with funds provided by a Federal agency; or
(ii)
limit or otherwise impact the ability of a recipient to receive any other Federal assistance.
(2)

Procedure for provision of funds
An entity awarded a grant under this section shall be provided an initial amount that equals 50 percent of total grant amount allocated under paragraph (1). To be eligible for the remaining 50 percent of the allocation, a grantee shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Inspector General of the United States a report containing—
(A)
a detailed description of how such amount was spent; and
(B)
a certification from an auditor of the State or Indian tribal government that none of the funds were wasted or used inappropriately.
(3)

Requirements
Each State and Indian tribal government that receives funds under this section shall establish or adhere to existing guidelines for procurement processes and procedures and require that subgrantees—
(A)
provide for full and open competition and require cost or price analysis;
(B)
specify methods of procurement and their applicability, but not allow cost-plus-a-percentage-of cost or percentage-of-construction-cost methods of procurement;
(C)
include standards of conduct governing employees engaged in the award or administration of contracts; and
(D)
ensure that all purchase orders and contracts include any clauses required by Federal statute, Executive order, or implementing regulation.
(e)

Funding
Any funds provided under this section—
(1)
shall supplement and not supplant any other assistance provided by the President or any other Federal agency in response to a major disaster; and
(2)
may not be considered a duplication of assistance.
(f)

Environmental review
Any Federal agency or recipient of funds received under this section that fund or use funds to supplement funds provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency.
(g)

Best practices
The President shall identify best practices for grantees on issues including developing action plans, establishing financial controls, building grantee technical and administrative capacity, procurement, and use of grant funds as local match for other sources of Federal funding. Not later than 1 year after the date of enactment of this section, the President shall publish a compilation of such identified best practices and share with all relevant grantees to facilitate a more efficient and effective disaster recovery process.
(h)

Definitions
In this section:
(1)

State auditor
The term “State auditor” means the individual selected by the Governor or head of an Indian tribal government to submit a certification in accordance with subsection (d)(2)(A)(ii).
(2)

Unmet need
The term “unmet need”—
(A)
means any necessary expenses for activities related to disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, mitigation, and economic revitalization related to a major disaster declared by the President under section 401; and
(B)
may include—
(i)
any unresourced item, support, or assistance that has been assessed and verified as necessary for a survivor to recover from a major disaster, including food, clothing, shelter, first aid, emotional and spiritual care, household items, home repair, or rebuilding; and
(ii)
cleaning and removing debris from rivers, creeks, streams, and ditches”.
(b)

Limitation
No amounts made available by an appropriations Act that provide funding for any activity not authorized by law for the program established under section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by this Act) may be expended.
3.

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:
“432.

Unmet needs assistance
(a)

In general
In any major disaster, the Governor or the Chief Executive of the Indian tribal government may request a grant from the President to provide assistance to meet unmet needs resulting from a major disaster.
(b)

Funding
(1)

Amount of funding
The President may set aside from the Disaster Relief Fund, with respect to each major disaster, an amount equal to 10 percent of the estimated aggregate amount of the grants to be made pursuant to sections 406 and 408 of the major disaster in order to provide technical and financial assistance under this section and such amounts shall be deemed to be related to activities carried out pursuant to major disasters 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
The amount set aside pursuant to paragraph (1) shall not reduce the amounts otherwise made available for sections 403, 406, 407, 408, 410, 416, and 428 under this Act.
(c)

Unmet needs
A State or Indian tribal government may use unmet needs grants to provide assistance, in addition to other assistance made available under this Act, for the following unmet needs resulting from a major disaster:
(1)
Disaster-related home repair and rebuilding financial 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 or Indian tribal government 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)

Administrative costs
A State or Indian tribal government 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.
4.

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 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191) 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).
5.

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)
by amending paragraph (2) to read as follows:
“(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.
(iii)

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.
(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.”; 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)

Eligibility
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”.
(c)

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.
6.

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, subject to the availability of appropriations.”; and
(2)
by adding at the end the following:
“(5)

Sheltering and housing options
Not later than 15 days after a declaration of a major disaster, the Federal coordinating officer shall identify all sheltering and housing options available under this section or section 408 to a State Governor, or the designated State coordinating officer.
(6)

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.
7.

Appeals of individuals and households program benefits
(a)

Period of assistance
Clauses (iii) and (iv) of section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by striking “18-month period” and inserting “24-month period”.
(b)

Appeals
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.
(c)

Applicability
This section and the amendment made by this section shall apply to funds appropriated on or after the date of enactment of this Act.
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 3; 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.
10.

Use of excess funds for management costs
(a)

In general
Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—
(1)
in subsection (b)(2)—
(A)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; and
(B)
in the matter preceding clause (i), as so redesignated, by striking “provide the following percentage rates” and inserting “provide—
“(A)
excess funds for management costs as described in subsection (c); and
(B)
the following percentage rates”;
(2)
by redesignating subsection (c) as subsection (d); and
(3)
by inserting after subsection (b) the following:
“(c)

Use of excess funds for management costs
(1)

Definition
In this subsection, the term excess funds for management costs means the difference between—
(A)
the amount of the applicable specific management costs authorized under subsection (b)(1) and subsection (b)(2)(B); and
(B)
as of the date on which the grant award is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A).
(2)

Availability of excess funds for management costs
The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs.
(3)

Use of funds
Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for—
(A)
activities associated with building capacity to prepare for, recover from, or mitigate the impacts of a major disaster or emergency declared under section 401 or 501, respectively; and
(B)
management costs associated with any—
(i)
major disaster;
(ii)
emergency;
(iii)
disaster preparedness measure; or
(iv)
mitigation activity or measure authorized under section 203, 204, 205, or 404.
(4)

Availability
Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2).”.
(b)

Applicability
The amendments made by subsection (a) shall apply with respect to any grant award in relation to a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)—
(1)
the declaration of which is made on or after the date of enactment of this Act; and
(2)
that is funded with amounts appropriated on or after the date of enactment of this Act.
(c)

GAO study
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States 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—
(1)
on the actual management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) during the period of a major disaster declaration under section 401 of such Act (42 U.S.C. 5170) to determine whether the amount set aside for those management costs after the date of enactment of this Act is appropriate; and
(2)
that includes the management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) for each disaster declared under during the period of a major disaster declaration under section 401 of such Act (42 U.S.C. 5170) during the 5-year period preceding the date of the report, the amount set aside for those management costs, the use of those management costs, the length of each disaster, and the reason for the length of each disaster.
(d)

No additional funds
No additional funds are authorized to be appropriated to carry out the amendments made by subsection (a).
11.

GAO study on timing of closing out disaster recovery
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how long it takes the Administrator of the Federal Emergency Management Agency to officially close out each major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) pursuant to section 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205).