118 S5067 IS: Disaster Survivors Fairness Act of 2024
U.S. Senate
2024-09-17
text/xml
EN
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II
118th CONGRESS
2d Session
S. 5067
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.
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).
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.”.
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)”.
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.
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).
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.” .
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:
“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.”.
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.
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.”.
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).
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.
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.
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).