[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5067 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5067

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2024

Mr. Peters (for himself and Mr. Tillis) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Repair and rebuilding.
Sec. 3. Direct assistance.
Sec. 4. State-managed housing pilot authority.
Sec. 5. Management costs.
Sec. 6. Funding for online guides for post-disaster assistance.
Sec. 7. Individual assistance dashboard.
Sec. 8. FEMA reports.
Sec. 9. Sheltering of emergency response personnel.
Sec. 10. Improved rental assistance.
Sec. 11. GAO report on preliminary damage assessments.
Sec. 12. Applicability.
Sec. 13. GAO report to Congress on challenges under public assistance 
                            alternative procedures.
    (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. REPAIR AND REBUILDING.

    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 an individual or household 
                whose primary residence, utility, or residential 
                infrastructure is damaged by a major disaster for cost-
                effective hazard mitigation measures that reduce, in 
                future disasters--
                            ``(i) threats to life and property; or
                            ``(ii) future damage to such residence, 
                        utility, or infrastructure.
                    ``(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)'';
                    (B) in paragraph (3), by striking ``paragraphs (1) 
                and (2)'' and inserting ``paragraphs (1), (2), and 
                (5)''; and
                    (C) 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. 3. 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)), as amended by 
section 2 of this Act, 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 President.
                    ``(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. 4. STATE-MANAGED HOUSING PILOT AUTHORITY.

    (a) In General.--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) in subparagraph (A)--
                            (i) by striking ``A State'' and inserting 
                        the following:
                            ``(i) In general.--A State''; and
                            (ii) by adding at the end the following:
                            ``(ii) Transparency.--The President shall 
                        make public the criteria used to evaluate 
                        applications under clause (i) and determine if 
                        a State or Indian tribal government meets the 
                        criteria described in subparagraph (B) to 
                        administer grants described in paragraph 
                        (1)(A).'';
                    (B) in subparagraph (C)(ii)--
                            (i) in subclause (I), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in subclause (II), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                                    ``(III) outline the approach of the 
                                State or Indian tribal government to 
                                help disaster survivors create a 
                                permanent housing plan; and
                                    ``(IV) outline the approach of the 
                                State or Indian tribal government to 
                                provide individual disaster survivors 
                                some choice of communities and 
                                properties, as practicable.'';
                    (C) by striking subparagraph (F);
                    (D) by redesignating subparagraphs (G), (H), (I), 
                and (J) as subparagraphs (F), (G), (H), and (I), 
                respectively; and
                    (E) 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 ``2 
                        years'' and inserting ``10 years''; 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 paragraph (1)(B), (2)(B), or (4) of subsection 
        (c), the Federal share shall be not less than 75 percent.''.
    (b) GAO Assessment.--Upon the expiration of the authority to carry 
out section 408(f) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(f)) as a pilot program, the 
Comptroller General of the United States shall issue a report on the 
effectiveness, successes, and challenges of any pilot program carried 
out pursuant to such section and make recommendations on how to improve 
the provision of assistance under such section.

SEC. 5. MANAGEMENT COSTS.

    (a) In General.--Section 324(b)(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(b)(2)) 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 such 
                section.''.
    (b) Administrative Costs.--Section 408(f)(1) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), 
as amended by section 3(b) of this Act, is further amended--
            (1) by striking ``(A) Grant to state.--'' and all that 
        follows through ``subsection (g),'' and inserting ``Subject to 
        subsection (g),''; and
            (2) by striking subparagraph (B).

SEC. 6. 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) Grants 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 provide funding to a State 
        agency established under subsection (c) to establish, update, 
        or 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 established, updated, or 
        operated under this subsection shall be--
                    ``(A) managed by the State agency to which funding 
                is provided under paragraph (1); and
                    ``(B) suitable for the residents of the State of 
                the State agency.
            ``(3) Content.--The Administrator may provide funding to a 
        State agency under this subsection to establish a website that 
        contains only 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 receives funding 
        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 establishing, updating, or 
        operating a website under this subsection.
            ``(5) Updates.--A State agency that receives funding to 
        establish, update, or operate a website under this subsection 
        shall update the website not less than once every 6 months.
            ``(6) Termination of authority.--The authority provided 
        under this subsection shall terminate 1 year after the first 
        date on which appropriations are made on or after the date of 
        enactment of this subsection to carry out this subsection.''.

SEC. 7. 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 90 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 major 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) If available, the dollar amount of assistance 
        provided pursuant to section 408 to applicants who are--
                    ``(A) property owners with a household annual 
                income--
                            ``(i) above the national median household 
                        income; and
                            ``(ii) below the national median household 
                        income; and
                    ``(B) renters with a household annual income--
                            ``(i) above the national median household 
                        income; and
                            ``(ii) below the national median household 
                        income.
            ``(6) The estimated percentage of residential property that 
        was destroyed as a result of the major disaster, if available.
            ``(7) Any other information that the Administrator of the 
        Federal Emergency Management Agency determines to be relevant.
    ``(b) Personally Identifiable Information.--The Administrator of 
the Federal Emergency Management Agency shall ensure that none of the 
information published under subsection (a) contains the personally 
identifiable information of an applicant.''.

SEC. 8. FEMA REPORTS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, 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 Governmental Affairs of the 
Senate a report that includes, with respect to the most recent fiscal 
year--
            (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. 5174) 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 a reported 
                annual income under 75 percent of the national median 
                household income;
                    (D) individuals with a reported annual income over 
                125 percent of the national median household income; 
                and
                    (E) individuals with a reported 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.
    (b) Information Required.--In the report submitted under subsection 
(a), the Administrator shall describe the number of homeowners and the 
number of renters for each category of individuals and households 
described in subparagraphs (C) through (E) of subsection (a)(1).
    (c) First Report.--The first report required to be submitted under 
subsection (a) after the date of enactment of this Act shall include 
the information required under this section with respect to fiscal year 
2016 and each fiscal year thereafter through the most recent fiscal 
year ending before the date of enactment of this Act.

SEC. 9. 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, Indian tribal 
        government, or local government, the Administrator may 
        reimburse the State, Indian tribal government, 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 Indian tribal government 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, Indian tribal government, 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 on 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. 10. IMPROVED RENTAL ASSISTANCE.

    (a) In General.--Section 408(c)(1)(A)(ii) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(c)(1)(A)(ii)) is amended by inserting ``, including local post-
disaster rent increases,'' after ``accommodation provided''.
    (b) Study.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Federal Emergency Management Agency, 
in consultation with appropriate Federal entities and stakeholders 
involved in disaster housing, shall conduct a study to examine the 
unique challenges of renters when seeking Federal disaster assistance 
and any disparities of assistance provided to homeowners and renters 
pursuant to section 408 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) and develop a plan that 
addresses any identified challenges and disparities, including any 
recommendations for legislative action.
    (c) Report to Congress.--Upon completion of the activities carried 
out under subsection (b), the Administrator of the Federal Emergency 
Management Agency shall submit to the Committee on Transportation and 
Infrastructure, the Committee on Financial Services, and the Committee 
on Small Business 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 (b).

SEC. 11. 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 of the United States 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. 12. APPLICABILITY.

    The amendments made by sections 2, 3, 5, 6, and 9 shall only apply 
to amounts appropriated on or after the date of enactment of this Act.

SEC. 13. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC ASSISTANCE 
              ALTERNATIVE PROCEDURES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the challenges to States and territories of the 
United States in obtaining assistance under section 428 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5189f).
    (b) Contents.--In conducting the study described in subsection (a), 
the Comptroller General of the United States shall study the challenges 
for assistance described in subsection (a) faced by the following:
            (1) Rural areas, as such term is defined in section 
        423(d)(4) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5189a(d)(4)).
            (2) Small impoverished communities, as such term is defined 
        in section 203(a) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5133(a)).
            (3) Other communities, areas, or individuals that the 
        Comptroller General determines pertinent.
    (c) Report to Congress.--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 describing the results of the study 
required under subsection (a).
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