[House Report 115-1098]
[From the U.S. Government Publishing Office]
115th Congress } { Rept. 115-1098
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
DISASTER RECOVERY REFORM ACT
_______
December 21, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4460]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4460) to improve the provision of
disaster and mitigation assistance to eligible individuals and
households and to eligible State, local, Tribal, and
territorial governments and certain private nonprofit
organizations, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 15
Background and Need for Legislation.............................. 15
Hearings......................................................... 19
Legislative History and Consideration............................ 21
Committee Votes.................................................. 21
Committee Oversight Findings..................................... 24
New Budget Authority and Tax Expenditures........................ 24
Congressional Budget Office Cost Estimate........................ 24
Performance Goals and Objectives................................. 29
Advisory of Earmarks............................................. 29
Duplication of Federal Programs.................................. 29
Disclosure of Directed Rule Makings.............................. 29
Federal Mandate Statement........................................ 29
Preemption Clarification......................................... 29
Advisory Committee Statement..................................... 29
Applicability of Legislative Branch.............................. 30
Section-by-Section Analysis of Legislation....................... 30
Changes in Existing Law Made by the Bill, as Reported............ 33
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Disaster Recovery
Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DISASTER MITIGATION
Sec. 101. National public infrastructure predisaster hazard mitigation.
Sec. 102. Additional mitigation activities.
Sec. 103. Wildfire prevention.
Sec. 104. Additional activities.
TITLE II--DISASTER RESPONSE AND RECOVERY
Sec. 201. Federal cost-share adjustments for repair, restoration, and
replacement of damaged facilities.
Sec. 202. Eligibility for code implementation and enforcement.
Sec. 203. Program improvements.
Sec. 204. Prioritization of facilities.
Sec. 205. Guidance on evacuation routes.
Sec. 206. Proof of insurance.
Sec. 207. Duplication of benefits.
Sec. 208. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 209. Assistance to individuals and households.
Sec. 210. Multifamily lease and repair assistance.
Sec. 211. Federal disaster assistance nonprofit fairness.
Sec. 212. Management costs.
Sec. 213. Flexibility.
Sec. 214. Additional disaster assistance.
Sec. 215. National veterinary emergency teams.
Sec. 216. Dispute resolution pilot program.
Sec. 217. Emergency relief.
TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
Sec. 301. Unified Federal environmental and historic preservation
review.
Sec. 302. Closeout incentives.
Sec. 303. Performance of services.
Sec. 304. Study to streamline and consolidate information collection.
Sec. 305. Agency accountability.
Sec. 306. Audit of contracts.
Sec. 307. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 308. Relief organizations.
Sec. 309. Guidance on inundated and submerged roads.
TITLE I--DISASTER MITIGATION
SEC. 101. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public'' after ``the
National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause (iii)
and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement
activities to implement the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate
the latest hazard-resistant designs and
establish minimum acceptable criteria for the
design, construction, and maintenance of
residential structures and facilities that may
be eligible for assistance under this Act for
the purpose of protecting the health, safety,
and general welfare of the buildings' users
against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after
``competitive basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
shall--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A),
add the amounts to any other amounts available to be
awarded on a competitive basis pursuant to paragraph
(1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph
(12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government has
facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and
facilities that may be eligible for assistance under this Act
for the purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters;
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation Fund.--
``(1) Establishment.--The President shall establish in the
Treasury of the United States a separate account called the
National Public Infrastructure Predisaster Mitigation Fund (in
this section referred to as the `Predisaster Mitigation Fund'),
which shall be used exclusively to carry out this section, with
amounts in such account to be available until expended unless
otherwise provided.
``(2) Transfers to predisaster mitigation fund.--
``(A) In general.--There shall be deposited in the
Predisaster Mitigation Fund with respect to each
disaster declared on or after August 1, 2017, an
additional amount equal to 6 percent of the estimated
aggregate amount of grants to be made pursuant to
sections 403, 406, 407, 408, 410, and 416.
``(B) Estimated aggregate amount.--Not later than 180
days after each major disaster declaration, the
estimated aggregate amount of grants on which the
amount calculated in subparagraph (A) is based shall be
determined and need not be reduced, increased, or
changed due to variations in estimates.''; and
(6) by striking subsection (m) and redesignating subsection
(n) as subsection (m).
SEC. 102. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ``The President may contribute up to 75 percent of the cost
of hazard mitigation measures which the President has determined are
cost effective and which substantially reduce the risk of, or increase
resilience to, future damage, hardship, loss, or suffering in any area
affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42 U.S.C.
5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section,'' the following: ``for disasters declared on or
after August 1, 2017, or a disaster in which a cost estimate
has not yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and
standards'' and inserting ``the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ``applicable at the time at which the
disaster occurred''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the facility
to meet the definition of resilient developed
pursuant to this subsection.''.
(c) New Rules.--Section 406(e) of such Act (42 U.S.C. 5172(e)) is
further amended by adding at the end the following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after the
date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, shall issue a final
rulemaking that defines the terms `resilient' and
`resiliency' for purposes of this subsection.
``(B) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
``(C) Report.--Not later than 2 years after the date
of enactment of this paragraph, the Administrator shall
submit to Congress a report summarizing the regulations
and guidance issued pursuant to this paragraph.''.
(d) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (Public Law 106-390) is amended by inserting
``(B)'' after ``except that paragraph (1)''.
SEC. 103. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major disaster
is declared, the President may provide hazard mitigation assistance in
accordance with section 404 in any area affected by a fire for which
assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by
section 102(a) of this Act)--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by inserting
``or event under section 420'' after ``major disaster'' each
place it appears.
(c) Reporting Requirement.--Not later than 1 year 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
Homeland Security and Governmental Affairs of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Appropriations Committees of the Senate and the House of
Representatives a report containing a summary of any projects carried
out, and any funding provided to those projects, under subsection (d)
of section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187) (as amended by this section).
SEC. 104. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation assistance
provided under this section and section 203 may use the assistance to
conduct activities to help reduce the risk of future damage, hardship,
loss, or suffering in any area affected by a wildfire or windstorm,
including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels; and
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole structures
with poles that are resilient to extreme wind and combined ice
and wind loadings for the basic wind speeds and ice conditions
associated with the relevant location.''.
TITLE II--DISASTER RESPONSE AND RECOVERY
SEC. 201. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND
REPLACEMENT OF DAMAGED FACILITIES.
Section 406(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting
after paragraph (2) the following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience
from, a major disaster by recognizing such investments
through a sliding scale that increases the minimum
Federal share to 85 percent. Such measures may
include--
``(i) the adoption of a mitigation plan
approved under section 322;
``(ii) investments in disaster relief,
insurance, and emergency management programs;
``(iii) encouraging the adoption and
enforcement of the latest published editions of
relevant consensus-based codes, specifications,
and standards that incorporate the latest
hazard-resistant designs and establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
structures and facilities that may be eligible
for assistance under this Act for the purpose
of protecting the health, safety, and general
welfare of the buildings' users against
disasters;
``(iv) facilitating participation in the
community rating system; and
``(v) funding mitigation projects or granting
tax incentives for projects that reduce risk.
``(B) Comprehensive guidance.--Not later than 1 year
after the date of enactment of this paragraph, the
President, acting through the Administrator, shall
issue comprehensive guidance to State and Tribal
governments regarding the measures and investments that
will be recognized for the purpose of increasing the
Federal share under this section.
``(C) Report.--One year after the issuance of the
guidance required by subparagraph (B), 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
regarding the analysis of the Federal cost shares paid
under this section.
``(D) Savings clause.--Nothing in this paragraph
prevents the President from increasing the Federal cost
share above 85 percent.''.
SEC. 202. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of
adopted building codes for a period of not more than
180 days after the major disaster is declared.''.
SEC. 203. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C. 5189f) is
amended--
(1) by inserting ``(1) In general.--'' before ``Participation
in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the election
by a State, Tribal, or local government, or owner or operator
of a private nonprofit facility to participate in the
alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42 U.S.C.
5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(G) once certified by a professionally licensed
engineer and accepted by the Administrator, the
estimates on which grants made pursuant to this section
are based shall be presumed to be reasonable, eligible,
and actual costs as long as there is no evidence of
fraud.''.
SEC. 204. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall provide
guidance and training on an annual basis to State, Tribal, and local
governments, first responders, and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that such
health care facilities remain functioning or return to
functioning as soon as practicable during power outages caused
by natural hazards, including severe weather events; and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency.
SEC. 205. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State, local,
and Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts
and recovered quickly from disasters, regardless of
cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare centers,
mobile home parks, prisons, nursing homes and
other long-term care facilities, and detention
centers;
(iii) individuals with limited-English
proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator of
the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength (including
the ability to withstand tensile stresses and
compressive stresses), and sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal Land Management
Agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 206. PROOF OF INSURANCE.
A State shall be deemed to have proven that an applicant has
satisfied the purchase of insurance requirements under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) when an encumbrance requiring the purchase and maintenance of
insurance has been placed on the title of the property receiving the
benefit of the grant or assistance. This section in no way removes or
reduces the insurance requirements on an applicant under the Act and in
no way limits the requirement that assistance provided under such Act
be reduced or eliminated when the requirements are not met.
SEC. 207. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the
general prohibition provided in subsection (a) upon
request of a Governor on behalf of the State or on
behalf of a person, business concern, or any other
entity suffering losses as a result of a major disaster
or emergency, if the President finds such waiver is in
the public interest and will not result in waste,
fraud, or abuse. In making this decision, the President
may consider the following:
``(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation with the
Federal agency or agencies administering the
duplicative program.
``(ii) If a waiver is granted, the assistance
to be funded is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later
than 45 days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in
carrying out subparagraph (A), the President may not
determine that a loan is a duplication of assistance,
provided that all Federal assistance is used toward a
loss suffered as a result of the major disaster or
emergency.''.
(b) Funding of a Federally Authorized Water Resources Development
Project.--
(1) Eligible activities.--Notwithstanding section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5155) and its implementing regulations, assistance
provided pursuant to section 404 of such Act may be used to
fund activities authorized for construction within the scope of
a federally authorized water resources development project of
the Army Corps of Engineers if such activities are also
eligible activities under such section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this subsection shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this subsection shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section 404
pursuant to this subsection may not exceed the total Federal
share for such project.
(5) No effect.--Nothing in this subsection shall--
(A) affect the cost share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard
mitigation measure under section 404;
(C) affect the cost share requirements of a federally
authorized water resources development project; and
(D) affect the responsibilities of a non-Federal
interest with respect to the project, including those
related to the provision of lands, easements, rights-
of-way, dredge material disposal areas, and necessary
relocations.
SEC. 208. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
HOUSING AND PERMANENT HOUSING CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State-administered assistance and other needs
assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the
President and the State comply, as determined by the
Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State desiring to provide
assistance under subsections (c)(1)(B) and (c)(4) shall
submit to the President an application for the
delegation of the authority to administer the program.
``(B) Criteria.--The President, in consultation and
coordination with States and local governments, shall
establish criteria for the approval of applications
submitted under subparagraph (A). The criteria shall
include, at a minimum--
``(i) the demonstrated ability of the State
to manage the program under this section;
``(ii) there being in effect a plan approved
by the President as to how the State will
comply with applicable Federal laws and
regulations and how the State will provide
assistance under its plan;
``(iii) a requirement that the State or local
government comply with rules and regulations
established pursuant to subsection (j); and
``(iv) a requirement that the President, or
the designee of the President, comply with
subsection (i).
``(C) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President, shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for this program and for programs under
subsections (c)(1)(B) and (c)(4). The President shall
monitor and conduct quality assurance activities on a
State's implementation of programs under subsections
(c)(1)(B) and (c)(4). If, after approving an
application of a State submitted under this section,
the President determines that the State is not
administering the program established by this section
in a manner satisfactory to the President, the
President shall withdraw the approval.
``(D) Audits.--The Office of the inspector general
shall provide for periodic audits of the programs
administered by States under this subsection.
``(E) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of
the programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(F) Report.--Not later than 1 year after the date
of enactment of this paragraph, the inspector general
of the Department of Homeland Security shall submit a
report 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 on the State role to provide
assistance under this section. The report shall contain
an assessment of the effectiveness of the State's role
to provide assistance under this section, including--
``(i) whether the State's role helped to
improve the general speed of disaster recovery;
``(ii) whether the States providing
assistance under this section had the capacity
to administer this section; and
``(iii) recommendations for changes to
improve the program if the State's role to
administer the programs should be continued.
``(G) Prohibition.--The President may not condition
the provision of Federal assistance under this Act by a
State, Tribal, or local government requesting a grant
under this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The Administrator
may waive notice and comment rulemaking, if the
Administrator determines doing so is necessary
to expeditiously implement this section, and
may carry out this section as a pilot program
until such regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall issue final regulations
to implement this subsection as amended by the
Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The authority
under clause (i) and any pilot program
implemented pursuant to such clause shall
expire 2 years after date of enactment of this
paragraph or upon issuance of final regulations
pursuant to clause (ii), whichever occurs
sooner.''.
SEC. 209. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) (as so redesignated) the
following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established
under paragraph (1) shall exclude expenses to repair or
replace damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
``(B) The maximum amount of assistance established
under paragraph (2) shall exclude expenses to repair or
replace accessibility-related personal property under
subsection (e)(2) for individuals with disabilities.''.
SEC. 210. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary Housing.--Section
408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended
to read as follows:
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement.''.
(b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease
agreements with owners of
multifamily rental property
impacted by a major disaster or
located in areas covered by a
major disaster declaration to
house individuals and
households eligible for
assistance under this section;
and''.
(c) Inspector General Report.--Not later than 2 years after the date
of the enactment of this Act, the inspector general of the Department
of Homeland Security shall assess the use of the authority provided
under section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), including the
adequacy of any benefit-cost analysis done to justify the use of this
alternative, and submit a report on the results of that review to the
appropriate committees of Congress.
SEC. 211. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.
(a) Definition of Private Nonprofit Facility.--Section 102(11)(B) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(11)(B)) is amended to read as follows:
``(B) Additional facilities.--In addition to the
facilities described in subparagraph (A), the term
`private nonprofit facility' includes any private
nonprofit facility that provides essential services of
a governmental nature to the general public (including
museums, zoos, performing arts facilities, community
arts centers, community centers, houses of worship
exempt from taxation under section 501(c) of the
Internal Revenue Code of 1986, libraries, homeless
shelters, senior citizen centers, rehabilitation
facilities, shelter workshops, food banks, and
facilities that provide health and safety services of a
governmental nature), as defined by the President.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at
the end the following:
``(C) Houses of worship.--A church, synagogue,
mosque, temple, or other house of worship, and a
private nonprofit facility operated by a religious
organization, shall be eligible for contributions under
paragraph (1)(B), without regard to the religious
character of the facility or the primary religious use
of the facility.''.
(c) Applicability.--This section and the amendments made by this
section shall apply to the provision of assistance in response to a
major disaster or emergency declared on or after October 28, 2012.
SEC. 212. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the
following: ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section 404
may be reimbursed not more than 15 percent of the total
amount of the grant award under such section of which
not more than 10 percent may be used by the grantee and
5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 213. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered assistance''
means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency 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; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator of the Federal Emergency
Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on
an error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against
equity and good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
(c) Monitoring of Covered Assistance Distributed Based on Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the
Administrator and publish the determination in the
Federal Register; and
(B) with respect to any major disaster declared by
the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) after the date of the determination,
the authority of the Administrator to waive debt under
subsection (b) shall no longer be effective.
SEC. 214. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
at the end the following:
``(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the Secretary may
encourage hazard mitigation in assistance provided pursuant to such
subsection.''.
(b) Emergency Management Assistance Compact Grants.--Section 661(d)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
761(d)) is amended by striking ``for fiscal year 2008'' and inserting
``for each of fiscal years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--Section 662(f)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
762(f)) is amended by striking ``the program'' and all that follows
through ``2012'' and inserting ``the program, for each of fiscal years
2018 through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is
amended by striking the second subparagraph (J).
SEC. 215. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary
emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service
animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and nonprofit
organizations in developing emergency management and evacuation
plans that account for the care and rescue of animals and in
improving local readiness for providing veterinary medical
response during a disaster; and
(4) coordinate with the Department of Homeland Security, the
Department of Health and Human Services, the Department of
Agriculture, State, Tribal, and local governments (including
State departments of animal and human health), veterinary and
health care professionals, and volunteers.
SEC. 216. DISPUTE RESOLUTION PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42
U.S.C. 5189a note) is amended by striking ``2015'' and inserting
``2022''.
SEC. 217. EMERGENCY RELIEF.
Notwithstanding section 125(d)(4) of title 23, United States Code, no
limitation on the total obligations for projects under section 125 of
such title shall apply to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands with respect to fiscal
years 2018 and 2019.
TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall review the Unified Federal Environmental and
Historic Preservation review process established pursuant to section
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001--01.
SEC. 302. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent with
applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement this section.
SEC. 303. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency is
authorized to appoint temporary personnel, after serving continuously
for 1 year, to positions in the Agency in the same manner that
competitive service employees are considered for transfer,
reassignment, or promotion to such positions. An individual appointed
under this subsection shall become a career-conditional employee,
unless the employee has already completed the service requirements for
career tenure.''.
SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of information
from disaster assistance applicants and grantees will be
modified, streamlined, expedited, efficient, flexible,
consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular collection
and reporting of information on provided Federal disaster
assistance, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 305. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator shall publish on the Agency's website the
specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any mission
assignment or mission assignment task order to another Federal
department or agency regarding a major disaster in excess of
$1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or
Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Tribe
requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator shall publish on the
Agency's website reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year covered
by the President's most recent budget pursuant to section
1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
``(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
``(C) the amount of obligations for non-catastrophic
events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the fifth
day of each month:
``(A) A summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity delineated
by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category (including
emergency measures and disaster resources)
delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount of the contract, the scope of the
contract;
``(D) if the contract was awarded through competitive
bidding process;
``(E) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 306. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of the
Federal Emergency Management Agency shall not reimburse a State, Tribe,
or local government or the owner or operator of a private nonprofit
facility for any activities made pursuant to a contract entered into
after August 1, 2017, that prohibits the Administrator or the
Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
SEC. 307. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the inspector general of the Department of Homeland
Security shall initiate an audit of the contracts awarded by the
Federal Emergency Management Agency (in this section referred to as
``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto
Rico and the Virgin Islands of the United States in response to
Hurricane Irma and Hurricane Maria.
(b) Considerations.--In carrying out the audit under subsection (a),
the inspector general shall review--
(1) the contracting process used by FEMA to evaluate offerors
and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing that
the contractors had supported large-scale delivery quantities
in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the terms
of the relevant contracts and FEMA's subsequent cancellation of
the relevant contracts affected the provision of tarps and
plastic sheeting to the Commonwealth of Puerto Rico and the
Virgin Islands of the United States.
(c) Report.--Not later than 180 days after the date of initiation of
the audit under subsection (a), the inspector general 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 results of the audit, including
findings and recommendations.
SEC. 308. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, and other relief,
domestic hunger relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, and other relief,
domestic hunger relief, or''.
SEC. 309. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management Agency, in
coordination with the Administrator of the Federal Highway
Administration, shall develop and issue guidance for State, local, and
Tribal governments regarding repair, restoration, and replacement of
inundated and submerged roads damaged or destroyed by a major disaster,
and for associated expenses incurred by the Government, with respect to
roads eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
Purpose of Legislation
H.R. 4460, as amended, the Disaster Recovery Reform Act
(DRRA), improves the provision of disaster and mitigation
assistance to eligible individuals and households and eligible
State, local, Tribal, and territorial governments and certain
nonprofits.
Background and Need for Legislation
In 2017, it was an historic year for disasters that cost
the country an unprecedented $306 billion in damages.\1\
According to the National Oceanic and Atmospheric
Administration (NOAA), 2017 exceeded the previous record for
extreme weather damages by over $91 billion. In addition to
Hurricanes Harvey, Irma, and Maria, wildfires in western States
burned almost 10 million acres of land.\2\ The cumulative costs
associated with wildfire damages last year was almost $18
billion, tripling the previous record.\3\
---------------------------------------------------------------------------
\1\``2017 U.S. billion-dollar weather and climate disasters: a
historic year in context,'' Adam B. Smith, January 8, 2018. Available
at https://www.climate.gov/news-features/blogs/beyond-data/2017-us-
billion-dollar-weather-and-climate-disasters-historic-year.
\2\Id.
\3\Id.
---------------------------------------------------------------------------
According to the Federal Emergency Management Agency
(FEMA), only three years since 2000 have seen less than 100
disaster declarations.\4\ In 2011, there were 242 such
declarations, as well as 1,096 deaths linked to natural
catastrophes and $24.1 billion in damage.\5\ In 2016, there
were 458 deaths with over $18.4 billion in damages.\6\
---------------------------------------------------------------------------
\4\Federal Emergency Management Agency, ``Disaster Declarations by
Year.'' Available at https://www.fema.gov/disasters/year.
\5\National Weather Service, ``Summary of Natural Hazard Statistics
for 2011 in the United States.'' Available at http://www.nws.noaa.gov/
om/hazstats/sum11.pdf.
\6\National Weather Service, ``Summary of Natural Hazard Statistics
for 2016 in the United States.'' Available at http://www.nws.noaa.gov/
os/hazstats/sum16.pdf.
---------------------------------------------------------------------------
These impacts highlight the importance of the Federal
government's role in coordinating and informing efforts related
to preparing for, mitigating against, responding to, and
recovering from disasters. Enhancing resilience through hazard
mitigation will also help reduce costs and impacts.
The Disaster Recovery Reform Act
H.R. 4460, as amended, addresses the rising costs of
disasters in the United States, and reforms Federal disaster
programs to ensure communities are better prepared for future
hurricanes, flooding, earthquakes, wildfires, and other
disasters. This legislation improves predisaster planning and
mitigation, in order to reduce the future loss of life and the
rising costs of disasters throughout America. Furthermore, DRRA
incentivizes building and rebuilding better and smarter to
facilitate recovery efforts whenever and wherever disaster
strikes. Strengthening mitigation practices is also a wise use
of taxpayer dollars; studies have shown for every $1 spent in
mitigation, between $4 and $8 is saved in avoided disaster
recovery costs.\7\
---------------------------------------------------------------------------
\7\Congressional Budget Office, ``Potential Cost Savings from the
Pre-Disaster Mitigation Program.'' September 2007; University of
Pennsylvania, Wharton School Risk Center, ``Economic Effectiveness of
Implementing a Statewide Building Code: The Case of Florida.'' May
2016; and National Institute of Building Sciences (NIBS), ``Natural
Hazard Mitigation Saves: 2017 Interim Report Summary of Findings.''
Available here: https://www.nibs.org/page/ms2_dwnload.
---------------------------------------------------------------------------
According to numerous studies, disaster losses and Federal
disaster spending increased over the last 50 years. For
example, one report found that between 1980 and 2011, North
America suffered $1.06 trillion in total losses.\8\ Another
study found that since 1952, the cost of natural disasters to
the Federal government more than tripled as a function of gross
domestic product.\9\ As the 2017 hurricane season demonstrated,
the toll in both human lives and economic impacts can be
devastating.
The 2017 disaster season provided a wealth of data that
could be used to improve Federal disaster programs. DRRA takes
lessons learned from 2017 and other disasters to give American
communities the tools to better prepare for, withstand, and
recover from the next disaster. By encouraging more cost-
effective and smart investment of taxpayer dollars before
disaster strikes, the authorities in DRRA will help save lives
and reduce Federal, State, and local costs in the long run.
---------------------------------------------------------------------------
\8\Munich Re, Severe weather in North America--Perils Risk
Insurance. Munich, Germany: Muchener Ruckversicherungs-Gesellschaft
(2012).
\9\The Princeton University Geoscience 499 Class, The Increasing
Costs of U.S. Natural Disasters. Geotimes, November 2005.
---------------------------------------------------------------------------
The Importance of Mitigation
A major focus of DRRA is strengthening disaster
mitigation--actions taken proactively to reduce loss of life
and property by lessening the impact of future disasters.
Effective mitigation minimizes the potential loss of life and
property from a disaster based on identifying and understanding
the risks in a given area or community. Mitigation can
encompass a wide variety of activities, including preparation
and planning, elevating or moving structures prone to flooding,
and hardening structures to mitigate effects of hurricanes or
earthquakes.
DRRA:
Incentivizes States and Tribal governments
to take steps that increase resilience to disasters and
to invest in mitigation;
Amends the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act) to
require that a percentage of assistance provided in the
wake of disasters is invested in predisaster hazard
mitigation;
Speeds recovery by getting structures
inspected faster;
Addresses other critical issues such as
wildfire prevention, eligibility for disaster
assistance, and agency efficiency and accountability;
and
Streamlines and clarifies the assistance
process for recipients of FEMA aid and further promotes
mitigation by clarifying eligible uses under FEMA's
hazard mitigation grant programs to address windstorm,
wildfire, and earthquake hazards.
While H.R. 4460, as amended, allows recipients to use
hazard mitigation assistance to replace utility poles with more
resilient poles in areas affected by windstorms, it does not
mandate any specific material. This will facilitate the ability
for communities to replace poles with ones that are more
resilient to hurricane force winds, ice storms, fire, or other
hazards.
Nursing home preparedness
H.R. 4460, as amended, includes provisions to improve
nursing home emergency preparedness. The provisions require
FEMA to provide needed disaster response guidance and
assistance to ensure that nursing homes and other long-term
care facilities are better prioritized and can function or
return to functioning status as soon as possible during an
emergency or disaster, including a power outage. Further, H.R.
4460, as amended, requires that special populations like the
elderly, the homeless, and the disabled are considered when
States and communities plan evacuation routes.
In 2017, a power outage in a rehabilitation center in
Hollywood Hills, Florida, resulted in the heat-related deaths
of 14 individuals, mostly seniors, who resided there. The
authorities provided in this legislation will improve nursing
homes' emergency preparedness to help save lives across the
nation.
Duplication of benefits
H.R. 4460, as amended, amends existing law by clarifying
the President's authority to waive the general prohibition of
section 312 of the Stafford Act upon the request of a Governor
of a State subject to a major disaster. This section
establishes that the President may not determine that a loan
(such as a Small Business Administration disaster loan) is a
duplication of assistance when providing Federal disaster
assistance. After a disaster, FEMA urges disaster survivors to
participate in certain disaster assistance programs.
Application of section 312 then results in denied access to
supplemental assistance if appropriated by the Congress. As
disaster victims may wait to determine if supplemental recovery
grants become available, the Committee is concerned that the
current application of section 312 undermines important and
necessary recovery efforts and may delay and increase expenses
of disaster recovery. The Committee believes the authority
established in H.R. 4460, as amended, would result in improved
recovery conditions on existing disasters and intends that FEMA
will implement immediately for all eligible major disasters.
Further, H.R. 4460, as amended, clarifies the use of FEMA
hazard mitigation assistance on certain Army Corps of Engineers
(the Corp) projects to mitigate against future hazards and
risk. This provision is not intended to make projects that are
not otherwise eligible for hazard mitigation assistance
eligible, rather the provision is intended to simply allow for
FEMA funding of eligible projects even if such project is
within the scope of a Federally authorized water resources
development project of the Corps. Many Corps projects may be
authorized but never receive funding. Consequently, the risk of
damage from disaster exists until the approved Corps project is
complete. The Committee believes ensuring such projects are
completed will help reduce costs in the future.
State Administration of Housing Assistance
H.R. 4460, as amended, authorizes States to lead a
temporary sheltering program for disaster victims, utilizing
the full breadth of FEMA's disaster assistance and tools to
tailor a solution that specifically addresses the needs of
disaster victims. Historically, FEMA has utilized several
temporary sheltering programs to assist disaster survivors,
including spending up to $150,000 for mobile housing units to
house families temporarily and spending money for temporary
repairs to homes to allow disaster victims to shelter at home
while permanent repairs are made.
This new authority will give States flexibility to secure
housing options in a cost-effective manner and devise a more
robust, temporary sheltering program.
De-obligation and recoupment of disaster assistance
In the wake of a Presidential major disaster declaration,
FEMA may provide financial assistance to individuals who have
necessary expenses and serious needs they are unable to meet by
other means through the Individual and Households Program.
While FEMA has implemented controls to avoid improper payments,
errors are made. FEMA's current error rate for improper
payments to individuals is less than two percent. H.R. 4460, as
amended, institutes a three-year statute of limitations, which
will prohibit FEMA from recouping assistance three years after
the individual received the assistance when there is no
evidence of fraud. This will help ensure that FEMA initiates
any collection actions as quickly as possible, reduce
administrative costs, and provide more certainty to individuals
recovering from disasters.
Dispute resolution pilot program
H.R. 4460, as amended, extends the authorization for the
arbitration panel that was established to resolve recovery
assistance disputes in the wake of Hurricane Katrina. This
panel gives States and municipalities a faster resolution to
conflicts that arise related to the eligibility of projects and
project elements under FEMA's public assistance program. This
was a resolution tool following Hurricane Katrina, and was
similarly authorized following Hurricane Sandy, to facilitate
recovery.
Disaster recovery contracts
One of the challenges presented in the 2017 disaster season
response and recovery related to contracting, and ensuring
contracts issued in the wake of a disaster are transparent.
H.R. 4460, as amended, includes provisions to require FEMA to
include contract information on FEMA's website, and notify
Congress so as to ensure greater transparency in the future
relating to Federal government disaster contracting activities.
H.R. 4460, as amended, calls for a review of these
contracts by the Inspector General of the Department of
Homeland Security.
Relief organizations
H.R. 4460, as amended, clarifies that the term ``private
nonprofit facility'' includes food banks as any private
nonprofit facility that provides essential services of a
governmental nature to the general public. This clarification
ensures that food banks are eligible to receive assistance when
providing food to disaster victims following a disaster. In
many cases, these organizations are already equipped and
situated to provide for mass feeding operations and should be a
resource in the wake of a disaster.
H.R. 4460, as amended, also clarifies the President's
authority to utilize, with their consent, the personnel and
facilities of food banks and the President's authority to enter
into agreements under which the disaster relief activities may
be coordinated by the Federal government whenever such entities
are engaged in providing relief during and after a major
disaster or emergency.
Inundated and submerged roads
H.R. 4460, as amended, instructs FEMA to coordinate with
the Administrator of the Federal Highway Administration to
develop and issue guidance to State, local and Tribal
governments regarding repair, restoration and replacement of
inundated and submerged roads damaged or destroyed by a major
disaster, and for associated expenses, with respect to
activities described under section 406 of the Stafford Act (42
U.S.C. 5172). Current policy on submerged and inundated roads
is a collection of complex and often confusing FEMA guidelines,
doctrine and interpretations. The Committee applauds FEMA's
diligence to responsibly manage public resources in this
regard, but the Committee believes this diligence can be
achieved with clear, fair and consistent guidance. In
developing the guidelines described in this section the
Committee intends that FEMA will consider (a) minimizing the
applicant's potential cost of engineering, testing and analysis
to qualify for assistance; (b) developing a simplified process
that recognizes the applicant's limited technical capabilities
in road engineering, testing and analysis; and (c) establishing
a consistent process that identifies roads and segments of
roads that were damaged, thereby reducing service life, which
may consist of the use of FEMA's inundation maps, surveyed high
watermarks, aerial video and photography, river gauges,
construction and maintenance records, geotechnical
investigation, and other methods.
Peer-to-peer lodging
It is essential to ensure that all available means of
housing are available for survivors as they begin the process
to rebuild their communities. The Committee has observed that
often the transitional shelter needs in the initial weeks of a
disaster far exceed the availability of traditional lodging
providers like hotels and motels. In the wake of the 2017 and
2018 hurricanes, FEMA worked to provide non-traditional lodging
options to displaced survivors and disaster workers in Florida
and Texas, allowing lodging providers to register to provide
transitional housing for eligible applicants.
The Committee encourages FEMA to continue this practice by
allowing non-traditional lodging providers, such as condos and
short-term vacation rentals, to register as transitional
sheltering assistance. Doing so will help meet the critical
housing needs of our constituents while allowing them to remain
within their communities. Furthermore, peer-to-peer lodging
provided by short-term-rentals can also meet the lodging and
sheltering needs of disaster workers.
Hearings
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 4460, as amended, during the 114th and 115th
Congresses:
Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery, held on January 27, 2015. The
purpose of the hearing was to launch an assessment of
the rising costs of disasters, the cost effectiveness
of disaster assistance, strategies to reduce disaster
losses, and the appropriate roles of government and the
private sector, and to discuss reforms that can save
lives through improved alerts and warning systems and
search and rescue.
What is Driving the Increasing Costs and Rising
Losses from Disasters? held on March 18, 2015. The
purpose of the roundtable was to examine and discuss
data related to disaster costs, the trends observed
over time, and the projections for the future given the
policies in place today.
Pacific Northwest Seismic Hazards: Planning and
Preparing for the Next Disaster, held on May 19, 2015.
The purpose of the hearing was to assess FEMA's role in
earthquake hazard preparedness, mitigation, response,
and recovery; and to examine the efforts of the Pacific
Northwest and seismic hazard experts to reduce disaster
impacts and build stronger communities.
The State of Pennsylvania and FEMA Region III are
Leaders in Mitigating Disaster Costs and Losses, held
on May 28, 2015. The purpose of the roundtable was to
examine disaster costs and losses, focus on hazards
impacting Pennsylvania and the region, and identify
best practices for mitigating and avoiding disaster
impacts.
Federal Disaster Assistance: Roles, Programs and
Coordination, held on June 17, 2015. The purpose of the
roundtable was to examine and discuss Federal disaster
assistance programs, the requirements and effectiveness
of those programs, and coordination among various
agencies and stakeholders.
Controlling the Rising Cost of Federal Responses to
Disaster, held on May 12, 2016. The purpose of the
hearing was to begin exploring potential solutions and
the principles that should be driving solutions to
lower the overall costs of disasters and to help avoid
devastating losses.
An Examination of FEMA's Limited Role in Local Land
Use Development Decisions, held on September 21, 2016.
The purpose of the hearing was to examine FEMA's role
and authorities under the National Flood Insurance
Program (NFIP), their impact on local land-use
development decisions, and the national implications of
FEMA's implementation of the NFIP.
Building a 21st Century Infrastructure for America:
The National Preparedness System, held on Thursday,
March 16, 2017. The purpose of the hearing was to
assess the development, successes, and challenges of
the National Preparedness System and based on input
from key stakeholders, understand how well the
preparedness grant program is building national
preparedness capabilities.
Building a 21st Century Infrastructure for America:
Mitigating Damage and Recovering Quickly from
Disasters, held on April 27, 2017. The purpose of the
hearing was to examine how to protect infrastructure
against future disaster damage, how to lower the
overall disaster costs, and to identify challenges
facing the FEMA in responding to, recovering from, and
mitigating against disasters, both natural and manmade.
Emergency Response and Recovery: Central Takeaways
from the Unprecedented 2017 Hurricane Season, held on
November 2, 2017. The purpose of the hearing was to
explore initial lessons learned from the 2017
hurricanes, and identify key challenges and obstacles
that remain in the way of recovery. The discussions
helped inform discussions regarding long-term solutions
and legislative proposals with the goal of helping to
speed smart recovery in the impacted communities.
Impacts of the 2017 Wildfires in the United States,
held on March 20, 2018. The purpose of the hearing was
to explore the lessons learned from the catastrophic
2017 wildfires, inform long-term policy solutions, and
highlight the importance of mitigation, including
provisions contained in DRRA.
Are We Ready? Recovering from the 2017 Disasters and
Preparing for the 2018 Hurricane Season, held July 18,
2018. The Purpose of the hearing was to better
understand the status of the recovery from the 2017
disaster season, including hurricanes wildfires, as
well as the efforts to prepare for the 2018 hurricane
season.
Legislative History and Consideration
On November 28, 2017, Congressman Lou Barletta (R-PA) and
Congressman Henry C. ``Hank,'' Johnson, Jr. (D-GA) introduced
H.R. 4460, the Disaster Recovery Reform Act, and it was
referred to the Subcommittee on Economic Development, Public
Buildings, and Emergency Management, with an additional
referral to the Committee on Financial Services.
On November 30, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 4460. The
Committee considered an amendment offered by Congressman Sean
Maloney (D-NY) to require an independent review and report from
the Inspector General of the Department of Homeland Security of
disaster contracts in Puerto Rico, which was adopted by voice
vote. Congressman Brian Mast (R-FL) offered an amendment
related to algal blooms, which was withdrawn. An amendment was
offered by Congressman Jared Huffman (D-CA) relating to
wildfires, which failed by recorded vote. Congressman Duncan
Hunter (R-CA), offered and withdrew an amendment relating to
providing waivers to American-flagged ships. Congressman Garret
Graves (R-LA) offered and withdrew two amendments, one related
to disaster housing and the other related to rebuilding in the
U.S. Virgin Islands and the Commonwealth of Puerto Rico.
Finally, the Committee considered six amendments en bloc, which
was adopted by voice vote.
The Committee ordered the bill, as amended, reported
favorably to the House by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each Committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. During Committee consideration of H.R. 4460, as
amended, record votes were taken on the following amendment:
An amendment offered by Representative Huffman (D-CA)
designated 116.
The Committee disposed of this vote as follows:
A motion to order H.R. 4460, as amended, reported favorably
to the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 4460, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 8, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4460, the Disaster
Recovery Reform Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4460--Disaster Recovery Reform Act
Summary: H.R. 4460 would amend and authorize appropriations
for several programs within the Federal Emergency Management
Agency (FEMA). CBO estimates that the bill would authorize
appropriations totaling $3.9 billion for FEMA over the 2019-
2022 period. Based on historical spending patterns, CBO
estimates that implementing the bill would cost $1.4 billion
over the 2019-2022 period and $2.6 billion in years after 2022,
assuming appropriation of the authorized and necessary amounts.
CBO estimates that enacting H.R. 4460 would increase direct
spending by $268 million over the 2019-2027 period. Therefore,
pay-as-you-go procedures apply. Enacting the bill would not
affect revenues.
CBO estimates that enacting H.R. 4460 would not increase
net direct spending or on-budget deficits by more than $2.5
billion in any of the four consecutive 10-year periods
beginning in 2028.
H.R. 4460 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 4460 is shown in the following table.
The costs of this legislation fall within budget functions 400
(transportation) and 450 (community and regional development).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Emergency Management Grants:
Authorization Level..................................... 0 954 954 954 954 0 0 0 0 0 3,816 3,816
Estimated Outlays....................................... 0 70 213 403 622 742 741 551 333 143 1,308 3,816
In-Lieu Public Assistance Contributions:
Estimated Authorization Level........................... 0 21 21 21 21 21 21 21 21 21 84 189
Estimated Outlays....................................... 0 21 21 21 21 21 21 21 21 21 84 189
Forgone Recoveries of Improper Payments:
Estimated Authorization Level........................... 0 5 3 3 2 2 0 0 0 0 13 15
Estimated Outlays....................................... 0 3 4 3 2 2 1 0 0 0 12 15
Wildfire Mitigation:
Estimated Authorization Level........................... 0 6 6 6 6 6 6 6 6 6 24 54
Estimated Outlays....................................... 0 * 2 3 5 6 6 6 6 6 10 40
Dispute Resolution Pilot Program:
Estimated Authorization Level........................... 0 * 1 1 1 0 0 0 0 0 3 3
Estimated Outlays....................................... 0 * 1 1 1 0 0 0 0 0 3 3
Additional Reporting Requirements:
Estimated Authorization Level........................... 0 1 * * * * * * * * 2 4
Estimated Outlays....................................... 0 1 * * * * * * * * 2 4
Total Increases:
Estimated Authorization Level....................... 0 987 985 985 984 29 27 27 27 27 3,942 4,081
Estimated Outlays................................... 0 95 241 431 451 771 769 578 360 170 1,419 4,068
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Predisaster Mitigation Fund:
Estimated Budget Authority.............................. 0 120 24 24 24 24 24 24 24 24 192 312
Estimated Outlays....................................... 0 6 25 54 40 32 29 24 24 24 125 258
Emergency Relief for Highway Repair:
Budget Authority........................................ 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays....................................... 0 0 3 3 2 1 0 0 0 0 9 10
Forgone Recoveries of Improper Payments:
Estimated Budget Authority.............................. 0 0 0 0 0 0 0 0 0 0 1 0
Estimated Outlays....................................... 0 2 -1 0 0 1 -2 -1 0 0 1 0
Total Change:
Estimated Budget Authority.......................... 0 120 24 24 24 24 24 24 24 24 192 312
Estimated Outlays................................... 0 9 27 57 42 33 28 24 24 24 135 268
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = less than $500,000.
Basis of estimate: CBO assumes that H.R. 4460 will be
enacted during fiscal year 2018 and that the authorized and
necessary amounts will be appropriated for each year beginning
in 2019.
Spending subject to appropriation
CBO estimates that implementing H.R. 4460 would cost $1.4
billion over the 2019-2022 period, subject to appropriation of
the necessary amounts.
Emergency Management Grants. H.R. 4460 would authorize the
appropriation of $950 million annually over the 2019-2022
period for FEMA to provide grants to states through the
Emergency Management Performance Grant program. That program
helps state, local, and tribal governments prepare for future
disasters. In 2017, FEMA allocated $350 million to those
grants.
H.R. 4460 also would authorize the appropriation of $4
million annually over the 2019-2022 period for FEMA to provide
grants to the Emergency Management Assistance Compact. The
compact provides assistance during governor-declared disasters
through a system that allows member states to send personnel,
equipment, and commodities to help with response and recovery
efforts in other member states. In 2017, FEMA provided $2
million in such grants.
CBO estimates that grants for those emergency management
programs would cost $1.3 billion over the 2019-2022 period and
$2.5 billion after 2022.
In-Lieu Public Assistance Contributions. Under current law,
public or private nonprofit entities that own facilities that
are substantially damaged during a major disaster have the
option of receiving grants to repair the facility or a fraction
of the grant amount as an in-lieu contribution for use on other
restoration projects. The total in-lieu contribution is 90
percent of repair costs for public facilities and 75 percent
for private nonprofit facilities.
H.R. 4460 would increase the maximum in-lieu contributions
for both public and private nonprofit entities to 100 percent
of the total grant amount. Using historical data provided by
FEMA on such in-lieu awards, CBO estimates that implementing
the bill would cost $84 million over the 2019-2022 period.
Forgone Recoveries of Improper Payments. CBO estimates that
authorizing FEMA to waive recoupment of certain improper
payments would reduce direct spending by $15 million over the
next 10 years. Under current law, recouped amounts are spent by
the Disaster Relief Fund (DRF) for future disasters. (See the
discussion under the heading Direct Spending.) Because the
provision does not change any underlying authority to provide
disaster relief, in CBO's view the bill implicitly authorizes
the appropriation of amounts equal to the forgone funds. Thus,
CBO estimates that implementing the provision would cost $12
million over the 2019-2022 period, and $3 million after.
Wildfire Mitigation. H.R. 4460 would authorize assistance
for hazard mitigation in areas affected by wildfires. Under
current law, FEMA may provide hazard mitigation funds to areas
where the President has declared a major disaster. Under the
bill, FEMA would be authorized to provide funds to areas
affected by wildfires, regardless of whether the President has
declared a major disaster. Using information provided by FEMA,
CBO estimates that providing additional assistance would
require the appropriation of $6 million annually and would cost
$10 million over the 2019-2022 period.
Dispute Resolution Pilot Program. The bill would extend the
authority for FEMA to operate the Dispute Resolution Pilot
Program through calendar year 2022. Under the pilot program,
applicants for DRF public assistance grants that did not
receive the total amount requested may seek arbitration in lieu
of submitting an appeal to FEMA for additional assistance.
Using information from FEMA on expected staff and travel costs
for the pilot program, CBO estimates that continuing the
program would cost $3 million over the 2019-2022 period.
Additional Reporting Requirements. H.R. 4460 would require
FEMA to issue four new regulations, four new pieces of
guidance, and to prepare 11 new reports to the Congress over
the next five years. Based on the costs of preparing similar
reports and regulations, CBO estimates that meeting those
requirements would cost $2 million over the 2019-2022 period.
Direct spending
CBO estimates that enacting H.R. 4460 would increase direct
spending by $268 million over the 2019-2027 period.
Predisaster Mitigation Fund. H.R. 4460 would create a new
fund called the National Public Infrastructure Predisaster
Mitigation Fund. For each major disaster declaration after
August 1, 2017, an amount equal to 6 percent of the total
estimated funding FEMA expects to provide for certain disaster
response grants would be deposited into the proposed fund. The
fund would be used to provide technical and financial
assistance to states and localities to carry out hazard
mitigation designed to reduce injury, loss of life, and damage
and destruction of property. Amounts in the fund could be spent
without further appropriation.
After enactment, CBO estimates, about $120 million--6
percent of the estimated $2 billion in relevant disaster
response grants expected to be made for disasters that occurred
since August 1, 2017--would be transferred to the proposed fund
in 2019. In recent years, FEMA has been provided an average of
$400 million a year for the relevant disaster response grants.
Assuming the Congress provides similar amounts for years after
2019, $24 million a year (that is, 6 percent of $400 million)
would be transferred to the fund. On the basis of historical
spending patterns for predisaster mitigation, CBO estimates
that spending under this section would total $258 million over
the 2019-2027 period.
Emergency Relief for Highway Repair. For 2018 and 2019,
H.R. 4660 would remove the current limitation on funds
available for emergency highway repairs for certain U.S.
territories. Obligations from the emergency relief program are
limited to $20 million per year. Without that cap, the
territories could more quickly spend funds that were previously
appropriated for the emergency relief program; CBO estimates
that those funds would not otherwise be used before 2027. Using
information about current demand for emergency relief funds,
CBO estimates that enacting that provision would cost $10
million over the 2019-2027 period.
Forgone Recoveries of Improper Payments. Under current law,
FEMA must recoup improper payments made for disaster
assistance. Improper payments can result from, among other
things, duplication of benefits (for example, receipt of two
insurance payments for the same damage), processing errors, or
fraud. All payments received through the recovery process are
deposited in FEMA's DRF and may be spent on future disasters
without further appropriation. Under H.R. 4460, FEMA could
waive the recovery of improper payments made to individuals
except in cases of fraud.
The Government Accountability Office reported that about 3
percent of the approximately $1.6 billion in FEMA individual
assistance payments disbursed between 2012 and 2014 for
Hurricane Sandy relief were improper or fraudulent. Based on a
review of that report, CBO estimates that few of those payments
(less than 5 percent) were the result of fraud. Using
information from FEMA about the recoupment rate for improper
payments after previous major disasters, CBO expects that about
25 percent of those payments have been recovered. Thus, CBO
estimates, upon enactment of H.R. 4460, $30 million of improper
payments for individual assistance that are in the process of
being recouped would be eligible to be waived.
According to FEMA, waiving the recovery of improper
payments would be on a case-by-case basis; therefore, there is
little certainty about the amounts that would be collected.
Because of how such waivers would be processed is uncertain,
CBO assumes a 50 percent chance that collections of all
estimated outstanding improper payments would be waived under
the bill and a 50 percent chance that they would not, resulting
in $15 million in lost recoveries over the 2019-2027 period.
However, because those amounts would have been available to
FEMA for future disaster relief payments without further
appropriation, fewer collections also would reduce outlays,
resulting in no net effect on direct spending over the 2019-
2027 period. However, because spending lags recoupments, there
would be a $1 million cost over the 2018-2022 period.
CBO has no basis to estimate the timing or magnitude of
waivers that would be made under H.R. 4460 for recovery of
improper payments that have not yet been disbursed.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4460, THE DISASTER RECOVERY REFORM ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE ON NOVEMBER 28, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 0 9 57 42 33 28 24 24 24 24 135 268
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 4460 would not increase net direct
spending or on-budget deficits by more than $2.5 billion in any
of the four consecutive 10-year periods beginning in 2028.
Mandates: H.R. 4460 contains no intergovernmental or
private-sector mandates as defined in UMRA. Any costs incurred
by public or private entities related to disaster assistance or
grant programs under the Stafford Act would result from
conditions of receiving federal assistance.
Estimate prepared by: Federal costs: Robert Reese (Federal
Emergency Management Agency) and Sarah Puro (Department of
Transportation); Mandates: Jon Sperl.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to improve the provision of disaster and mitigation
assistance to eligible individuals and households and to
eligible State, local, Tribal, and territorial governments and
certain private nonprofit organizations.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 4460, as amended, establishes or reauthorizes a program
of the Federal government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 4460, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 4460, as amended,
does not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
Section-by-Section Analysis of Legislation
Section 1. Short title; Table of contents
This section designates the short title as the ``Disaster
Recovery Reform Act.''
TITLE I: DISASTER MITIGATION
Section 101. National public infrastructure predisaster hazard
mitigation
This section amends the Stafford Act to modify the
predisaster hazard mitigation grant program.
Section 102. Additional mitigation activities
This section requires Public Assistance projects to meet
stronger standards and in a more resilient manner.
Section 103. Wildfire prevention
This section assists states affected by wildfires with
hazard mitigation assistance.
Section 104. Additional activities
This section clarifies that activities that help reduce the
risk of future damage, hardship, loss, or suffering in any area
affected by a wildfire and windstorm damage are eligible for
hazard mitigation assistance.
TITLE II: DISASTER RESPONSE AND RECOVERY
Section 201. Federal cost-share adjustments for repair, restoration,
and replacement of damaged facilities
This section provides incentives to States and Tribal
governments for investments that increase disaster resilience.
Section 202. Eligibility for code implementation and enforcement
This section clarifies the eligibility of surge code
enforcers for disaster assistance to facilitate disaster
recovery.
Section 203. Program improvements
This section clarifies that the President may not condition
the provision of Federal assistance on the election by a
recipient to use alternative procedures.
Section 204. Prioritization of facilities
This section requires FEMA to provide guidance and training
on the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities.
Section 205. Guidance on evacuation routes
This section requires FEMA and FHWA to develop guidance on
evacuation routes.
Section 206. Proof of insurance
This section allows for the encumbrance of a deed to
qualify as meeting the proof of insurance requirement for
States.
Section 207. Duplication of benefits
This section authorizes the President to waive the
prohibition on duplication of benefits. It also allows hazard
mitigation assistance, under certain circumstances, to be used
for certain Federally authorized water resource development
projects.
Section 208. State administration of assistance for direct temporary
housing and permanent housing construction
This section authorizes States to use Federal disaster
assistance to directly administer temporary and permanent
housing assistance for disaster victims.
Section 209. Assistance to individuals and households
This section amends the Stafford Act to increase the amount
of assistance available to individuals with disabilities.
Section 210. Multifamily lease and repair assistance
This section amends the Stafford Act to allow greater
flexibility and options for housing disaster victims.
Section 211. Federal disaster assistance nonprofit fairness
This section clarifies the eligibility of community
centers, including houses of worship, for federal disaster
assistance.
Section 212. Management costs
This section amends the Stafford Act to establish fixed
rates to reimburse States and local governments for direct and
indirect administrative costs incurred to implement disaster
recovery projects.
Section 213. Flexibility
This section allows FEMA to waive certain disaster
assistance debts if such assistance was distributed based on an
error by FEMA, there was no fault on behalf of the debtor, and
the collection of the debt would be against equity and good
conscience.
Section 214. Additional disaster assistance
This section will help improve the economic recovery of
regions affected by hurricanes and other disasters.
Section 215. National veterinary emergency teams
This section establishes a pilot program for veterinarians
to accompany urban search and rescue teams to take care of the
search and rescue canines and to provide guidance to
communities on pet care and sheltering during disasters.
Section 216. Dispute resolution pilot program
This section extended the dispute resolution program
created in the Sandy Recovery Improvement Act of 2013 through
2022.
Section 217. Emergency relief
This section provides for a waiver of certain limitations
on certain highway emergency funds for fiscal years 2018 and
2019.
TITLE III: AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
Section 301. Unified Federal environmental and historic preservation
review
This section requires the FEMA Administrator to review the
unified environmental and historic preservation review process
and survey other agencies' categorical exclusions. It then
requires the Administrator to issue regulations to implement
any recommendations, including categorical exclusions,
identified in the report and survey.
Section 302. Closeout incentives
This section allows the Administrator to develop incentives
that would encourage State, local, and Tribal governments to
closeout expenditures and activities on a timely basis related
to disaster or emergency assistance. FEMA is required to meet
its responsibilities to improve closeout practices and reduce
the time to close disaster program awards.
Section 303. Performance of services
This section allows the Administrator to appoint temporary
FEMA employees, after serving continuously for 1 year, to
positions in the agency in the same manner as competitive
service employees.
Section 304. Study to streamline and consolidate information
This section directs the Administrator, along with other
appropriate agencies, to conduct a study and develop innovative
means to simplify the collection of applicant and grantee
information and the sharing of such information among disaster
assistance agencies.
Section 305. Agency accountability
This section directs FEMA to provide regular reports on
their website regarding disaster spending, disaster contracts,
and other related disaster activities.
Section 306. Audit of contracts
This section prohibits FEMA from reimbursing any contract
that prohibits oversight or auditing.
Section 307. Inspector General audit of FEMA contracts for tarps and
plastic sheeting
This section requires the Department of Homeland Security
Office of Inspector General to provide an audit report on the
FEMA contracts to purchase tarps and plastic sheeting for
Puerto Rico and the U.S. Virgin Islands after Hurricane Maria.
Section 308. Relief organizations
This section adds long-term recovery groups and domestic
hunger relief to the list of organizations with which FEMA may
coordinate.
Section 309. Guidance on inundated and submerged roads
This section requires FEMA, in coordination with the U.S.
Federal Highway Administration, to issue guidance regarding the
eligibility of inundated and submerged roads under the Public
Assistance Grant program.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS
* * * * * * *
definitions
Sec. 102. As used in this Act--
(1) Emergency.--``Emergency'' means any occasion or
instance for which, in the determination of the
President, Federal assistance is needed to supplement
State and local efforts and capabilities to save lives
and to protect property and public health and safety,
or to lessen or avert the threat of a catastrophe in
any part of the United States.
(2) Major disaster.--``Major disaster'' means any
natural catastrophe (including any hurricane, tornado,
storm, high water, winddriven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought), or, regardless of
cause, any fire, flood, or explosion, in any part of
the United States, which in the determination of the
President causes damage of sufficient severity and
magnitude to warrant major disaster assistance under
this Act to supplement the efforts and available
resources of States, local governments, and disaster
relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby.
(3) ``United States'' means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(4) ``State'' means any State of the United States,
the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(5) ``Governor'' means the chief executive of any
State.
(6) Indian tribal government.--The term ``Indian
tribal government'' means the governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a et seq.).
(7) Individual with a disability.--The term
``individual with a disability'' means an individual
with a disability as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)).
(8) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, or agency or instrumentality of a local
government;
(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or
organization, that is not an Indian tribal
government as defined in paragraph (6); and
(C) a rural community, unincorporated town or
village, or other public entity, for which an
application for assistance is made by a State
or political subdivision of a State.
(9) ``Federal agency'' means any department,
independent establishment, Government corporation, or
other agency of the executive branch of the Federal
Government, including the United States Postal Service,
but shall not include the American National Red Cross.
(10) Public facility.--``Public facility'' means the
following facilities owned by a State or local
government:
(A) Any flood control, navigation,
irrigation, reclamation, public power, sewage
treatment and collection, water supply and
distribution, watershed development, or airport
facility.
(B) Any non-Federal-aid street, road, or
highway.
(C) Any other public building, structure, or
system, including those used for educational,
recreational, or cultural purposes.
(D) Any park.
(11) Private nonprofit facility.--
(A) In general.--The term ``private nonprofit
facility'' means private nonprofit educational,
utility, irrigation, emergency, medical,
rehabilitational, and temporary or permanent
custodial care facilities (including those for
the aged and disabled) and facilities on Indian
reservations, as defined by the President.
[(B) Additional facilities.--In addition to
the facilities described in subparagraph (A),
the term ``private nonprofit facility''
includes any private nonprofit facility that
provides essential services of a governmental
nature to the general public (including
museums, zoos, performing arts facilities,
community arts centers, libraries, homeless
shelters, senior citizen centers,
rehabilitation facilities, shelter workshops,
broadcasting facilities, and facilities that
provide health and safety services of a
governmental nature), as defined by the
President.]
(B) Additional facilities.--In addition to
the facilities described in subparagraph (A),
the term ``private nonprofit facility''
includes any private nonprofit facility that
provides essential services of a governmental
nature to the general public (including
museums, zoos, performing arts facilities,
community arts centers, community centers,
houses of worship exempt from taxation under
section 501(c) of the Internal Revenue Code of
1986, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities,
shelter workshops, food banks, and facilities
that provide health and safety services of a
governmental nature), as defined by the
President.
(12) Chief executive.--The term ``Chief Executive''
means the person who is the Chief, Chairman, Governor,
President, or similar executive official of an Indian
tribal government.
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) Definition of Small Impoverished Community.--In this
section, the term ``small impoverished community'' means a
community of 3,000 or fewer individuals that is economically
disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President.
(b) Establishment of Program.--The President may establish a
program to provide technical and financial assistance to States
and local governments to assist in the implementation of
predisaster hazard mitigation measures that are cost-effective
and are designed to reduce injuries, loss of life, and damage
and destruction of property, including damage to critical
services and facilities under the jurisdiction of the States or
local governments.
(c) Approval by President.--If the President determines that
a State or local government has identified natural disaster
hazards in areas under its jurisdiction and has demonstrated
the ability to form effective public-private natural disaster
hazard mitigation partnerships, the President, using amounts in
the National Public Predisaster Mitigation Fund established
under subsection (i) (referred to in this section as the
``Fund''), may provide technical and financial assistance to
the State or local government to be used in accordance with
subsection (e).
(d) State Recommendations.--
(1) In general.--
(A) Recommendations.--The Governor of each
State may recommend to the President not fewer
than five local governments to receive
assistance under this section.
(B) Deadline for submission.--The
recommendations under subparagraph (A) shall be
submitted to the President not later than
October 1, 2001, and each October 1st
thereafter or such later date in the year as
the President may establish.
(C) Criteria.--In making recommendations
under subparagraph (A), a Governor shall
consider the criteria specified in subsection
(g).
(2) Use.--
(A) In general.--Except as provided in
subparagraph (B), in providing assistance to
local governments under this section, the
President shall select from local governments
recommended by the Governors under this
subsection.
(B) Extraordinary circumstances.--In
providing assistance to local governments under
this section, the President may select a local
government that has not been recommended by a
Governor under this subsection if the President
determines that extraordinary circumstances
justify the selection and that making the
selection will further the purpose of this
section.
(3) Effect of failure to nominate.--If a Governor of
a State fails to submit recommendations under this
subsection in a timely manner, the President may
select, subject to the criteria specified in subsection
(g), any local governments of the State to receive
assistance under this section.
(e) Uses of Technical and Financial Assistance.--
(1) In general.--Technical and financial assistance
provided under this section--
(A) shall be used by States and local
governments principally to implement
predisaster hazard mitigation measures that are
cost-effective and are described in proposals
approved by the President under this section;
and
(B) may be used--
(i) to support effective public-
private natural disaster hazard
mitigation partnerships;
(ii) to improve the assessment of a
community's vulnerability to natural
hazards; [or]
(iii) to establish hazard mitigation
priorities, and an appropriate hazard
mitigation plan, for a community[.]; or
(iv) to establish and carry out
enforcement activities to implement the
latest published editions of relevant
consensus-based codes, specifications,
and standards that incorporate the
latest hazard-resistant designs and
establish minimum acceptable criteria
for the design, construction, and
maintenance of residential structures
and facilities that may be eligible for
assistance under this Act for the
purpose of protecting the health,
safety, and general welfare of the
buildings' users against disasters.
(2) Dissemination.--A State or local government may
use not more than 10 percent of the financial
assistance received by the State or local government
under this section for a fiscal year to fund activities
to disseminate information regarding cost-effective
mitigation technologies.
(f) Allocation of Funds.--
(1) In general.--The President shall award financial
assistance under this section on a competitive basis
for mitigation activities that are cost effective and
in accordance with the criteria in subsection (g).
(2) Minimum and maximum amounts.--In providing
financial assistance under this section, the President
shall ensure that the amount of financial assistance
made available to a State (including amounts made
available to local governments of the State) for a
fiscal year--
(A) is not less than the lesser of--
(i) $575,000; or
(ii) the amount that is equal to 1
percent of the total funds appropriated
to carry out this section for the
fiscal year; and
(B) does not exceed the amount that is equal
to 15 percent of the total funds appropriated
to carry out this section for the fiscal year.
(3) Redistribution of unobligated amounts.--The
President shall--
(A) withdraw amounts of financial assistance
made available to a State (including amounts
made available to local governments of a State)
under this subsection that remain unobligated
by the end of the third fiscal year after the
fiscal year for which the amounts were
allocated; and
(B) in the fiscal year following a fiscal
year in which amounts were withdrawn under
subparagraph (A), add the amounts to any other
amounts available to be awarded on a
competitive basis pursuant to paragraph (1).
(g) Criteria for Assistance Awards.--In determining whether
to provide technical and financial assistance to a State or
local government under this section, the President shall take
into account--
(1) the extent and nature of the hazards to be
mitigated;
(2) the degree of commitment of the State or local
government to reduce damages from future natural
disasters;
(3) the degree of commitment by the State or local
government to support ongoing non-Federal support for
the hazard mitigation measures to be carried out using
the technical and financial assistance;
(4) the extent to which the hazard mitigation
measures to be carried out using the technical and
financial assistance contribute to the mitigation goals
and priorities established by the State;
(5) the extent to which the technical and financial
assistance is consistent with other assistance provided
under this Act;
(6) the extent to which prioritized, cost-effective
mitigation activities that produce meaningful and
definable outcomes are clearly identified;
(7) if the State or local government has submitted a
mitigation plan under section 322, the extent to which
the activities identified under paragraph (6) are
consistent with the mitigation plan;
(8) the opportunity to fund activities that maximize
net benefits to society;
(9) the extent to which assistance will fund
mitigation activities in small impoverished
communities; [and]
(10) the extent to which the State or local
government has facilitated the adoption and enforcement
of the latest published editions of relevant consensus-
based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and
establish criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purpose of protecting the health, safety, and
general welfare of the buildings' users against
disasters;
(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and
[(10)] (12) such other criteria as the President
establishes in consultation with State and local
governments.
(h) Federal Share.--
(1) In general.--Financial assistance provided under
this section may contribute up to 75 percent of the
total cost of mitigation activities approved by the
President.
(2) Small impoverished communities.--Notwithstanding
paragraph (1), the President may contribute up to 90
percent of the total cost of a mitigation activity
carried out in a small impoverished community.
[(i) National Predisaster Mitigation Fund.--
[(1) Establishment.--The President may establish in
the Treasury of the United States a fund to be known as
the ``National Predisaster Mitigation Fund'', to be
used in carrying out this section.
[(2) Transfers to fund.--There shall be deposited in
the Fund--
[(A) amounts appropriated to carry out this
section, which shall remain available until
expended; and
[(B) sums available from gifts, bequests, or
donations of services or property received by
the President for the purpose of predisaster
hazard mitigation.
[(3) Expenditures from fund.--Upon request by the
President, the Secretary of the Treasury shall transfer
from the Fund to the President such amounts as the
President determines are necessary to provide technical
and financial assistance under this section.
[(4) Investment of amounts.--
[(A) In general.--The Secretary of the
Treasury shall invest such portion of the Fund
as is not, in the judgment of the Secretary of
the Treasury, required to meet current
withdrawals. Investments may be made only in
interest-bearing obligations of the United
States.
[(B) Acquisition of obligations.--For the
purpose of investments under subparagraph (A),
obligations may be acquired--
[(i) on original issue at the issue
price; or
[(ii) by purchase of outstanding
obligations at the market price.
[(C) Sale of obligations.--Any obligation
acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
[(D) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of,
any obligations held in the Fund shall be
credited to and form a part of the Fund.
[(E) Transfers of amounts.--
[(i) In general.--The amounts
required to be transferred to the Fund
under this subsection shall be
transferred at least monthly from the
general fund of the Treasury to the
Fund on the basis of estimates made by
the Secretary of the Treasury.
[(ii) Adjustments.--Proper adjustment
shall be made in amounts subsequently
transferred to the extent prior
estimates were in excess of or less
than the amounts required to be
transferred.]
(i) National Public Infrastructure Predisaster Mitigation
Fund.--
(1) Establishment.--The President shall establish in
the Treasury of the United States a separate account
called the National Public Infrastructure Predisaster
Mitigation Fund (in this section referred to as the
``Predisaster Mitigation Fund''), which shall be used
exclusively to carry out this section, with amounts in
such account to be available until expended unless
otherwise provided.
(2) Transfers to predisaster mitigation fund.--
(A) In general.--There shall be deposited in
the Predisaster Mitigation Fund with respect to
each disaster declared on or after August 1,
2017, an additional amount equal to 6 percent
of the estimated aggregate amount of grants to
be made pursuant to sections 403, 406, 407,
408, 410, and 416.
(B) Estimated aggregate amount.--Not later
than 180 days after each major disaster
declaration, the estimated aggregate amount of
grants on which the amount calculated in
subparagraph (A) is based shall be determined
and need not be reduced, increased, or changed
due to variations in estimates.
(j) Limitation on Total Amount of Financial Assistance.--The
President shall not provide financial assistance under this
section in an amount greater than the amount available in the
Fund.
(k) Multihazard Advisory Maps.--
(1) Definition of multihazard advisory map.--In this
subsection, the term ``multihazard advisory map'' means
a map on which hazard data concerning each type of
natural disaster is identified simultaneously for the
purpose of showing areas of hazard overlap.
(2) Development of maps.--In consultation with
States, local governments, and appropriate Federal
agencies, the President shall develop multihazard
advisory maps for areas, in not fewer than five States,
that are subject to commonly recurring natural hazards
(including flooding, hurricanes and severe winds, and
seismic events).
(3) Use of technology.--In developing multihazard
advisory maps under this subsection, the President
shall use, to the maximum extent practicable, the most
cost-effective and efficient technology available.
(4) Use of maps.--
(A) Advisory nature.--The multihazard
advisory maps shall be considered to be
advisory and shall not require the development
of any new policy by, or impose any new policy
on, any government or private entity.
(B) Availability of maps.--The multihazard
advisory maps shall be made available to the
appropriate State and local governments for the
purposes of--
(i) informing the general public
about the risks of natural hazards in
the areas described in paragraph (2);
(ii) supporting the activities
described in subsection (e); and
(iii) other public uses.
(l) Report on Federal and State Administration.--Not later
than 18 months after the date of the enactment of this section,
the President, in consultation with State and local
governments, shall submit to Congress a report evaluating
efforts to implement this section and recommending a process
for transferring greater authority and responsibility for
administering the assistance program established under this
section to capable States.
[(m) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
[(1) $180,000,000 for fiscal year 2011;
[(2) $200,000,000 for fiscal year 2012; and
[(3) $200,000,000 for fiscal year 2013.]
[(n)] (m) Prohibition on Earmarks.--
(1) Definition.--In this subsection, the term
``congressionally directed spending'' means a statutory
provision or report language included primarily at the
request of a Senator or a Member, Delegate or Resident
Commissioner of the House of Representatives providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State,
locality, or Congressional district, other than through
a statutory or administrative formula-driven or
competitive award process.
(2) Prohibition.--None of the funds appropriated or
otherwise made available to carry out this section may
be used for congressionally directed spending.
(3) Certification to congress.--The Administrator of
the Federal Emergency Management Agency shall submit to
Congress a certification regarding whether all
financial assistance under this section was awarded in
accordance with this section.
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
performance of services
Sec. 306. (a) In carrying out the purposes of this Act, any
Federal agency is authorized to accept and utilize the services
or facilities of any State or local government, or of any
agency, office, or employee thereof, with the consent of such
government.
(b) In performing any services under this Act, any Federal
agency is authorized--
(1) to appoint and fix the compensation of such
temporary personnel as may be necessary, without regard
to the provisions of title 5, United States Code,
governing appointments in competitive service;
(2) to employ experts and consultants in accordance
with the provisions of section 3109 of such title,
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates; and
(3) to incur obligations on behalf of the United
States by contract or otherwise for the acquisition,
rental, or hire of equipment, services, materials, and
supplies for shipping, drayage, travel, and
communications, and for the supervision and
administration of such activities. Such obligations,
including obligations arising out of the temporary
employment of additional personnel, may be incurred by
an agency in such amount as may be made available to it
by the President.
(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after
serving continuously for 1 year, to positions in the Agency in
the same manner that competitive service employees are
considered for transfer, reassignment, or promotion to such
positions. An individual appointed under this subsection shall
become a career-conditional employee, unless the employee has
already completed the service requirements for career tenure.
* * * * * * *
use and coordination of relief organizations
Sec. 309. (a) In providing relief and assistance under this
Act, the President may utilize, with their consent, the
personnel and facilities of the American National Red Cross,
the Salvation Army, the Mennonite Disaster Service, [and other
relief or] long-term recovery groups, and other relief,
domestic hunger relief, or disaster assistance organizations,
in the distribution of medicine, food, supplies, or other
items, and in the restoration, rehabilitation, or
reconstruction of community services housing and essential
facilities, whenever the President finds that such utilization
is necessary.
(b) The President is authorized to enter into agreements with
the American National Red Cross, the Salvation Army, the
Mennonite Disaster Service, [and other relief or] long-term
recovery groups, and other relief, domestic hunger relief, or
disaster assistance organizations under which the disaster
relief activities of such organizations may be coordinated by
the Federal coordinating officer whenever such organizations
are engaged in providing relief during and after a major
disaster or emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies,
and services will be in compliance with regulations prohibiting
duplication of benefits and guaranteeing nondiscrimination
promulgated by the President under this Act, and such other
regulation as the President may require.
* * * * * * *
SEC. 312. DUPLICATION OF BENEFITS.
(a) General Prohibition.--The President, in consultation with
the head of each Federal agency administering any program
providing financial assistance to persons, business concerns,
or other entities suffering losses as a result of a major
disaster or emergency, shall assure that no such person,
business concern, or other entity will receive such assistance
with respect to any part of such loss as to which he has
received financial assistance under any other program or from
insurance or any other source.
(b) Special Rules.--
(1) Limitation.--This section shall not prohibit the
provision of Federal assistance to a person who is or
may be entitled to receive benefits for the same
purposes from another source if such person has not
received such other benefits by the time of application
for Federal assistance and if such person agrees to
repay all duplicative assistance to the agency
providing the Federal assistance.
(2) Procedures.--The President shall establish such
procedures as the President considers necessary to
ensure uniformity in preventing duplication of
benefits.
(3) Effect of partial benefits.--Receipt of partial
benefits for a major disaster or emergency shall not
preclude provision of additional Federal assistance for
any part of a loss or need for which benefits have not
been provided.
(4) Waiver of general prohibition.--
(A) In general.--The President may waive the
general prohibition provided in subsection (a)
upon request of a Governor on behalf of the
State or on behalf of a person, business
concern, or any other entity suffering losses
as a result of a major disaster or emergency,
if the President finds such waiver is in the
public interest and will not result in waste,
fraud, or abuse. In making this decision, the
President may consider the following:
(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation
with the Federal agency or agencies
administering the duplicative program.
(ii) If a waiver is granted, the
assistance to be funded is cost
effective.
(iii) Equity and good conscience.
(iv) Other matters of public policy
considered appropriate by the
President.
(B) Grant or denial of waiver.--A request
under subparagraph (A) shall be granted or
denied not later than 45 days after submission
of such request.
(C) Prohibition on determination that loan is
a duplication.--Notwithstanding subsection (c),
in carrying out subparagraph (A), the President
may not determine that a loan is a duplication
of assistance, provided that all Federal
assistance is used toward a loss suffered as a
result of the major disaster or emergency.
(c) Recovery of Duplicative Benefits.--A person receiving
Federal assistance for a major disaster or emergency shall be
liable to the United States to the extent that such assistance
duplicates benefits available to the person for the same
purpose from another source. The agency which provided the
duplicative assistance shall collect such duplicative
assistance from the recipient in accordance with chapter 37 of
title 31, United States Code, relating to debt collection, when
the head of such agency considers it to be in the best interest
of the Federal Government.
(d) Assistance Not Income.--Federal major disaster and
emergency assistance provided to individuals and families under
this Act, and comparable disaster assistance provided by
States, local governments, and disaster assistance
organizations, shall not be considered as income or a resource
when determining eligibility for or benefit levels under
federally funded income assistance or resource-tested benefit
programs.
* * * * * * *
SEC. 322. MITIGATION PLANNING.
(a) Requirement of Mitigation Plan.--As a condition of
receipt of an increased Federal share for hazard mitigation
measures under subsection (e), a State, local, or tribal
government shall develop and submit for approval to the
President a mitigation plan that outlines processes for
identifying the natural hazards, risks, and vulnerabilities of
the area under the jurisdiction of the government.
(b) Local and Tribal Plans.--Each mitigation plan developed
by a local or tribal government shall--
(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) State Plans.--The State process of development of a
mitigation plan under this section shall--
(1) identify the natural hazards, risks, and
vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and
tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that
the State will support, as resources become available.
(d) Funding.--
(1) In general.--Federal contributions under section
404 may be used to fund the development and updating of
mitigation plans under this section.
(2) Maximum federal contribution.--With respect to
any mitigation plan, a State, local, or tribal
government may use an amount of Federal contributions
under section 404 not to exceed 7 percent of the amount
of such contributions available to the government as of
a date determined by the government.
(e) Increased Federal Share for Hazard Mitigation Measures.--
(1) In general.--If, at the time of the declaration
of a major disaster or event under section 420, a State
has in effect an approved mitigation plan under this
section, the President may increase to 20 percent, with
respect to the major disaster or event under section
420, the maximum percentage specified in the last
sentence of section 404(a).
(2) Factors for consideration.--In determining
whether to increase the maximum percentage under
paragraph (1), the President shall consider whether the
State has established--
(A) eligibility criteria for property
acquisition and other types of mitigation
measures;
(B) requirements for cost effectiveness that
are related to the eligibility criteria;
(C) a system of priorities that is related to
the eligibility criteria; and
(D) a process by which an assessment of the
effectiveness of a mitigation action may be
carried out after the mitigation action is
complete.
* * * * * * *
SEC. 324. MANAGEMENT COSTS.
(a) Definition of Management Cost.--In this section, the term
``management cost'' includes any indirect cost, [any
administrative expense, and any other expense not directly
chargeable to] direct administrative cost, and any other
administrative expense associated with a specific project under
a major disaster, emergency, or disaster preparedness or
mitigation activity or measure.
(b) Establishment of Management Cost Rates.--
[Notwithstanding]
(1) In general._Notwithstanding any other provision
of law (including any administrative rule or guidance),
the President shall by regulation [establish] implement
management cost rates, for grantees and subgrantees,
that shall be used to determine contributions under
this Act for management costs.
(2) Specific management costs.--The Administrator
shall provide the following percentage rates, in
addition to the eligible project costs, to cover direct
and indirect costs of administering the following
programs:
(A) Hazard mitigation.--A grantee under
section 404 may be reimbursed not more than 15
percent of the total amount of the grant award
under such section of which not more than 10
percent may be used by the grantee and 5
percent by the subgrantee for such costs.
(B) Public assistance.--A grantee under
sections 403, 406, 407, and 502 may be
reimbursed not more than 12 percent of the
total award amount under such sections, of
which not more than 7 percent may be used by
the grantee and 5 percent by the subgrantee for
such costs.
(c) Review.--The President shall review the management cost
rates established under subsection (b) not later than 3 years
after the date of establishment of the rates and periodically
thereafter.
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 403. ESSENTIAL ASSISTANCE.
(a) In General.--Federal agencies may on the direction of the
President, provide assistance essential to meeting immediate
threats to life and property resulting from a major disaster,
as follows:
(1) Federal resources, generally.--Utilizing,
lending, or donating to State and local governments
Federal equipment, supplies, facilities, personnel, and
other resources, other than the extension of credit,
for use or distribution by such governments in
accordance with the purposes of this Act.
(2) Medicine, food, and other consumables.--
Distributing or rendering through State and local
governments, the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and
other relief and disaster assistance organizations
medicine durable medical equipment,, food, and other
consumable supplies, and other services and assistance
to disaster victims.
(3) Work and services to save lives and protect
property.--Performing on public or private lands or
waters any work or services essential to saving lives
and protecting and preserving property or public health
and safety, including--
(A) debris removal;
(B) search and rescue, emergency medical
care, emergency mass care, emergency shelter,
and provision of food, water, medicinedurable
medical equipment,, and other essential needs,
including movement of supplies or persons;
(C) clearance of roads and construction of
temporary bridges necessary to the performance
of emergency tasks and essential community
services;
(D) provision of temporary facilities for
schools and other essential community services;
(E) demolition of unsafe structures which
endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information and
assistance regarding health and safety
measures;
(H) provision of technical advice to State
and local governments on disaster management
and control;
(I) reduction of immediate threats to life,
property, and public health and safety; and
(J) provision of rescue, care, shelter, and
essential needs--
(i) to individuals with household
pets and service animals; and
(ii) to such pets and animals.
[(J) provision of rescue, care, shelter, and
essential needs--
[(i) to individuals with household
pets and service animals; and
[(ii) to such pets and animals.]
(4) Contributions.--Making contributions to State or
local governments or owners or operators of private
nonprofit facilities for the purpose of carrying out
the provisions of this subsection.
(b) Federal Share.--The Federal share of assistance under
this section shall be not less than 75 percent of the eligible
cost of such assistance.
(c) Utilization of DOD Resources.--
(1) General rule.--During the immediate aftermath of
an incident which may ultimately qualify for assistance
under this title or title V of this Act, the Governor
of the State in which such incident occurred may
request the President to direct the Secretary of
Defense to utilize the resources of the Department of
Defense for the purpose of performing on public and
private lands any emergency work which is made
necessary by such incident and which is essential for
the preservation of life and property. If the President
determines that such work is essential for the
preservation of life and property, the President shall
grant such request to the extent the President
determines practicable. Such emergency work may only be
carried out for a period not to exceed 10 days.
(2) Rules applicable to debris removal.--Any removal
of debris and wreckage carried out under this
subsection shall be subject to section 407(b), relating
to unconditional authorization and indemnification for
debris removal.
(3) Expenditures out of disaster relief funds.--The
cost of any assistance provided pursuant to this
subsection shall be reimbursed out of funds made
available to carry out this Act.
(4) Federal share.--The Federal share of assistance
under this subsection shall be not less than 75
percent.
(5) Guidelines.--Not later than 180 days after the
date of the enactment of the Disaster Relief and
Emergency Assistance Amendments of 1988, the President
shall issue guidelines for carrying out this
subsection. Such guidelines shall consider any likely
effect assistance under this subsection will have on
the availability of other forms of assistance under
this Act.
(6) Definitions.--For purposes of this section--
(A) Department of defense.--The term
``Department of Defense'' has the meaning the
term ``department'' has under section 101 of
title 10, United States Code.
(B) Emergency work.--The term ``emergency
work'' includes clearance and removal of debris
and wreckage and temporary restoration of
essential public facilities and services.
(d) Salaries and Benefits.--
(1) In general.--If the President declares a major
disaster or emergency for an area within the
jurisdiction of a State, tribal, or local government,
the President may reimburse the State, tribal, or local
government for costs relating to--
(A) basic pay and benefits for permanent
employees of the State, tribal, or local
government conducting emergency protective
measures under this section, if--
(i) the work is not typically
performed by the employees; and
(ii) the type of work may otherwise
be carried out by contract or agreement
with private organizations, firms, or
individuals.; or
(B) overtime and hazardous duty compensation
for permanent employees of the State, tribal,
or local government conducting emergency
protective measures under this section.
(2) Overtime.--The guidelines for reimbursement for
costs under paragraph (1) shall ensure that no State,
tribal, or local government is denied reimbursement for
overtime payments that are required pursuant to the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(3) No effect on mutual aid pacts.--Nothing in this
subsection shall affect the ability of the President to
reimburse labor force expenses provided pursuant to an
authorized mutual aid pact.
SEC. 404. HAZARD MITIGATION.
(a) In General.--[The President may contribute up to 75
percent of the cost of hazard mitigation measures which the
President has determined are cost-effective and which
substantially reduce the risk of future damage, hardship, loss,
or suffering in any area affected by a major disaster.] The
President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are cost
effective and which substantially reduce the risk of, or
increase resilience to, future damage, hardship, loss, or
suffering in any area affected by a major disaster, or any area
affected by a fire for which assistance was provided under
section 420. Such measures shall be identified following the
evaluation of natural hazards under section 322 and shall be
subject to approval by the President. Subject to section 322,
the total of contributions under this section for a major
disaster or event under section 420 shall not exceed 15 percent
for amounts not more than $2,000,000,000, 10 percent for
amounts of more than $2,000,000,000 and not more than
$10,000,000,000, and 7.5 percent on amounts of more than
$10,000,000,000 and not more than $35,333,000,000 of the
estimated aggregate amount of grants to be made (less any
associated administrative costs) under this Act with respect to
the major disaster or event under section 420.
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the Administrator of the Federal
Emergency Management Agency may provide property
acquisition and relocation assistance for projects that
meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) the applicant for the assistance is
otherwise eligible to receive assistance under
the hazard mitigation grant program established
under subsection (a); and
(B) on or after the date of enactment of this
subsection, the applicant for the assistance
enters into an agreement with the Administrator
that provides assurances that--
(i) any property acquired, accepted,
or from which a structure will be
removed pursuant to the project will be
dedicated and maintained in perpetuity
for a use that is compatible with open
space, recreational, or wetlands
management practices;
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) a public facility that is
open on all sides and
functionally related to a
designated open space;
(II) a rest room; or
(III) a structure that the
Administrator approves in
writing before the commencement
of the construction of the
structure; and
(iii) after receipt of the
assistance, with respect to any
property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program--
(I) no subsequent application
for additional disaster
assistance for any purpose will
be made by the recipient to any
Federal entity; and
(II) no assistance referred
to in subclause (I) will be
provided to the applicant by
any Federal source.
(3) Statutory construction.--Nothing in this
subsection is intended to alter or otherwise affect an
agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect
on the day before the date of enactment of this
subsection.
(c) Program Administration by States.--
(1) In general.--A State desiring to administer the
hazard mitigation grant program established by this
section with respect to hazard mitigation assistance in
the State may submit to the President an application
for the delegation of the authority to administer the
program.
(2) Criteria.--The President, in consultation and
coordination with States and local governments, shall
establish criteria for the approval of applications
submitted under paragraph (1). Until such time as the
Administrator promulgates regulations to implement this
paragraph, the Administrator may waive notice and
comment rulemaking, if the Administrator determines
doing so is necessary to expeditiously implement this
section, and may carry out this section as a pilot
program. The criteria shall include, at a minimum--
(A) the demonstrated ability of the State to
manage the grant program under this section;
(B) there being in effect an approved
mitigation plan under section 322; and
(C) a demonstrated commitment to mitigation
activities.
(3) Approval.--The President shall approve an
application submitted under paragraph (1) that meets
the criteria established under paragraph (2).
(4) Withdrawal of approval.--If, after approving an
application of a State submitted under paragraph (1),
the President determines that the State is not
administering the hazard mitigation grant program
established by this section in a manner satisfactory to
the President, the President shall withdraw the
approval.
(5) Audits.--The President shall provide for periodic
audits of the hazard mitigation grant programs
administered by States under this subsection.
(d) Streamlined Procedures.--
(1) In general.--For the purpose of providing
assistance under this section, the President shall
ensure that--
(A) adequate resources are devoted to ensure
that applicable environmental reviews under the
National Environmental Policy Act of 1969 and
historic preservation reviews under the
National Historic Preservation Act are
completed on an expeditious basis; and
(B) the shortest existing applicable process
under the National Environmental Policy Act of
1969 and the National Historic Preservation Act
is utilized.
(2) Authority for other expedited procedures.--The
President may utilize expedited procedures in addition
to those required under paragraph (1) for the purpose
of providing assistance under this section, such as
procedures under the Prototype Programmatic Agreement
of the Federal Emergency Management Agency, for the
consideration of multiple structures as a group and for
an analysis of the cost-effectiveness and fulfillment
of cost-share requirements for proposed hazard
mitigation measures.
(e) Advance Assistance.--The President may provide not more
than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant
under this section before eligible costs are incurred.
(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use
the assistance to conduct activities to help reduce the risk of
future damage, hardship, loss, or suffering in any area
affected by a wildfire or windstorm, including--
(1) reseeding ground cover with quick-growing or
native species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
(5) installing debris traps to modify road and trail
drainage mechanisms;
(6) modifying or removing culverts to allow drainage
to flow freely;
(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out
during floods;
(8) planting grass to prevent the spread of noxious
weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels; and
(12) windstorm damage, including replacing or
installing electrical transmission or distribution
utility pole structures with poles that are resilient
to extreme wind and combined ice and wind loadings for
the basic wind speeds and ice conditions associated
with the relevant location.
* * * * * * *
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) Contributions.--
(1) In general.--The President may make
contributions--
(A) to a State or local government for the
repair, restoration, reconstruction, or
replacement of a public facility damaged or
destroyed by a major disaster and for
associated expenses incurred by the government;
and
(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit
facility damaged or destroyed by a major
disaster for the repair, restoration,
reconstruction, or replacement of the facility
and for associated expenses incurred by the
person.
(2) Associated expenses.--For the purposes of this
section, associated expenses shall include--
(A) the costs of mobilizing and employing the
National Guard for performance of eligible
work;
(B) the costs of using prison labor to
perform eligible work, including wages actually
paid, transportation to a worksite, and
extraordinary costs of guards, food, and
lodging; [and]
(C) base and overtime wages for the employees
and extra hires of a State, local government,
or person described in paragraph (1) that
perform eligible work, plus fringe benefits on
such wages to the extent that such benefits
were being paid before the major disaster[.];
and
(D) base and overtime wages for extra hires
to facilitate the implementation and
enforcement of adopted building codes for a
period of not more than 180 days after the
major disaster is declared.
(3) Conditions for assistance to private nonprofit
facilities.--
(A) In general.--The President may make
contributions to a private nonprofit facility
under paragraph (1)(B) only if--
(i) the facility provides critical
services (as defined by the President)
in the event of a major disaster; or
(ii) the owner or operator of the
facility--
(I) has applied for a
disaster loan under section
7(b) of the Small Business Act
(15 U.S.C. 636(b)); and
(II)(aa) has been determined
to be ineligible for such a
loan; or
(bb) has obtained such a loan
in the maximum amount for which
the Small Business
Administration determines the
facility is eligible.
(B) Definition of critical services.--In this
paragraph, the term ``critical services''
includes power, water (including water provided
by an irrigation organization or facility),
sewer, wastewater treatment, communications
(including broadcast and telecommunications),
education, and emergency medical care.
(C) Houses of worship.--A church, synagogue,
mosque, temple, or other house of worship, and
a private nonprofit facility operated by a
religious organization, shall be eligible for
contributions under paragraph (1)(B), without
regard to the religious character of the
facility or the primary religious use of the
facility.
(4) Notification to congress.--Before making any
contribution under this section in an amount greater
than $20,000,000, the President shall notify--
(A) the Committee on Environment and Public
Works of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
(b) Federal Share.--
(1) Minimum federal share.--Except as provided in
paragraph (2), the Federal share of assistance under
this section shall be not less than 75 percent of the
eligible cost of repair, restoration, reconstruction,
or replacement carried out under this section.
(2) Reduced federal share.--The President shall
promulgate regulations to reduce the Federal share of
assistance under this section to not less than 25
percent in the case of the repair, restoration,
reconstruction, or replacement of any eligible public
facility or private nonprofit facility following an
event associated with a major disaster--
(A) that has been damaged, on more than one
occasion within the preceding 10-year period,
by the same type of event; and
(B) the owner of which has failed to
implement appropriate mitigation measures to
address the hazard that caused the damage to
the facility.
(3) Increased federal share.--
(A) Incentive measures.--The President may
provide incentives to a State or Tribal
government to invest in measures that increase
readiness for, and resilience from, a major
disaster by recognizing such investments
through a sliding scale that increases the
minimum Federal share to 85 percent. Such
measures may include--
(i) the adoption of a mitigation plan
approved under section 322;
(ii) investments in disaster relief,
insurance, and emergency management
programs;
(iii) encouraging the adoption and
enforcement of the latest published
editions of relevant consensus-based
codes, specifications, and standards
that incorporate the latest hazard-
resistant designs and establish minimum
acceptable criteria for the design,
construction, and maintenance of
residential structures and facilities
that may be eligible for assistance
under this Act for the purpose of
protecting the health, safety, and
general welfare of the buildings' users
against disasters;
(iv) facilitating participation in
the community rating system; and
(v) funding mitigation projects or
granting tax incentives for projects
that reduce risk.
(B) Comprehensive guidance.--Not later than 1
year after the date of enactment of this
paragraph, the President, acting through the
Administrator, shall issue comprehensive
guidance to State and Tribal governments
regarding the measures and investments that
will be recognized for the purpose of
increasing the Federal share under this
section.
(C) Report.--One year after the issuance of
the guidance required by subparagraph (B), 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 regarding the analysis of
the Federal cost shares paid under this
section.
(D) Savings clause.--Nothing in this
paragraph prevents the President from
increasing the Federal cost share above 85
percent.
(c) Large In-Lieu Contributions.--
(1) For public facilities.--
(A) In general.--In any case in which a State
or local government determines that the public
welfare would not best be served by repairing,
restoring, reconstructing, or replacing any
public facility owned or controlled by the
State or local government, the State or local
government may elect to receive, in lieu of a
contribution under subsection (a)(1)(A), a
contribution in an amount equal to [90 percent
of] the Federal share of the Federal estimate
of the cost of repairing, restoring,
reconstructing, or replacing the facility and
of management expenses.
(B) Use of funds.--Funds contributed to a
State or local government under this paragraph
may be used--
(i) to repair, restore, or expand
other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation
measures that the State or local
government determines to be necessary
to meet a need for governmental
services and functions in the area
affected by the major disaster.
(C) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
(i) any public facility located in a
regulatory floodway (as defined in
section 59.1 of title 44, Code of
Federal Regulations (or a successor
regulation)); or
(ii) any uninsured public facility
located in a special flood hazard area
identified by the Administrator of the
Federal Emergency Management Agency
under the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.).
(2) For private nonprofit facilities.--
(A) In general.--In any case in which a
person that owns or operates a private
nonprofit facility determines that the public
welfare would not best be served by repairing,
restoring, reconstructing, or replacing the
facility, the person may elect to receive, in
lieu of a contribution under subsection
(a)(1)(B), a contribution in an amount equal to
[75 percent of] the Federal share of the
Federal estimate of the cost of repairing,
restoring, reconstructing, or replacing the
facility and of management expenses.
(B) Use of funds.--Funds contributed to a
person under this paragraph may be used--
(i) to repair, restore, or expand
other selected private nonprofit
facilities owned or operated by the
person;
(ii) to construct new private
nonprofit facilities to be owned or
operated by the person; or
(iii) to fund hazard mitigation
measures that the person determines to
be necessary to meet a need for the
person's services and functions in the
area affected by the major disaster.
(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
(i) any private nonprofit facility
located in a regulatory floodway (as
defined in section 59.1 of title 44,
Code of Federal Regulations (or a
successor regulation)); or
(ii) any uninsured private nonprofit
facility located in a special flood
hazard area identified by the
Administrator of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).
(d) Flood Insurance.--
(1) Reduction of federal assistance.--If a public
facility or private nonprofit facility located in a
special flood hazard area identified for more than 1
year by the Administrator pursuant to the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is
damaged or destroyed, after the 180th day following the
date of the enactment of the Disaster Relief and
Emergency Assistance Amendments of 1988, by flooding in
a major disaster and such facility is not covered on
the date of such flooding by flood insurance, the
Federal assistance which would otherwise be available
under this section with respect to repair, restoration,
reconstruction, and replacement of such facility and
associated expenses shall be reduced in accordance with
paragraph (2).
(2) Amount of reduction.--The amount of a reduction
in Federal assistance under this section with respect
to a facility shall be the lesser of--
(A) the value of such facility on the date of
the flood damage or destruction, or
(B) the maximum amount of insurance proceeds
which would have been payable with respect to
such facility if such facility had been covered
by flood insurance under the National Flood
Insurance Act of 1968 on such date.
(3) Exception.--Paragraphs (1) and (2) shall not
apply to a private nonprofit facility which is not
covered by flood insurance solely because of the local
government's failure to participate in the flood
insurance program established by the National Flood
Insurance Act.
(4) Dissemination of information.--The President
shall disseminate information regarding the reduction
in Federal assistance provided for by this subsection
to State and local governments and the owners and
operators of private nonprofit facilities who may be
affected by such a reduction.
(e) Eligible Cost.--
(1) Determination.--
(A) In general.--For the purposes of this
section, for disasters declared on or after
August 1, 2017, or a disaster in which a cost
estimate has not yet been finalized for a
project, the President shall estimate the
eligible cost of repairing, restoring,
reconstructing, or replacing a public facility
or private nonprofit facility--
(i) on the basis of the design of the
facility as the facility existed
immediately before the major disaster;
[and]
(ii) in conformity with [codes,
specifications, and standards] the
latest published editions of relevant
consensus-based codes, specifications,
and standards that incorporate the
latest hazard-resistant designs and
establish minimum acceptable criteria
for the design, construction, and
maintenance of residential structures
and facilities that may be eligible for
assistance under this Act for the
purposes of protecting the health,
safety, and general welfare of a
facility's users against disasters
(including floodplain management and
hazard mitigation criteria required by
the President or under the Coastal
Barrier Resources Act (16 U.S.C. 3501
et seq.)) [applicable at the time at
which the disaster occurred.]; and
(iii) in a manner that allows the
facility to meet the definition of
resilient developed pursuant to this
subsection.
(B) Cost estimation procedures.--
(i) In general.--Subject to paragraph
(2), the President shall use the cost
estimation procedures established under
paragraph (3) to determine the eligible
cost under this subsection.
(ii) Applicability.--The procedures
specified in this paragraph and
paragraph (2) shall apply only to
projects the eligible cost of which is
equal to or greater than the amount
specified in section 422.
(2) Modification of eligible cost.--
(A) Actual cost greater than ceiling
percentage of estimated cost.--In any case in
which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under
this section is greater than the ceiling
percentage established under paragraph (3) of
the cost estimated under paragraph (1), the
President may determine that the eligible cost
includes a portion of the actual cost of the
repair, restoration, reconstruction, or
replacement that exceeds the cost estimated
under paragraph (1).
(B) Actual cost less than estimated cost.--
(i) Greater than or equal to floor
percentage of estimated cost.--In any
case in which the actual cost of
repairing, restoring, reconstructing,
or replacing a facility under this
section is less than 100 percent of the
cost estimated under paragraph (1), but
is greater than or equal to the floor
percentage established under paragraph
(3) of the cost estimated under
paragraph (1), the State or local
government or person receiving funds
under this section shall use the excess
funds to carry out cost-effective
activities that reduce the risk of
future damage, hardship, or suffering
from a major disaster.
(ii) Less than floor percentage of
estimated cost.--In any case in which
the actual cost of repairing,
restoring, reconstructing, or replacing
a facility under this section is less
than the floor percentage established
under paragraph (3) of the cost
estimated under paragraph (1), the
State or local government or person
receiving assistance under this section
shall reimburse the President in the
amount of the difference.
(C) No effect on appeals process.--Nothing in
this paragraph affects any right of appeal
under section 423.
(3) Expert panel.--
(A) Establishment.--Not later than 18 months
after the date of the enactment of this
paragraph, the President, acting through the
Administrator of the Federal Emergency
Management Agency, shall establish an expert
panel, which shall include representatives from
the construction industry and State and local
government.
(B) Duties.--The expert panel shall develop
recommendations concerning--
(i) procedures for estimating the
cost of repairing, restoring,
reconstructing, or replacing a facility
consistent with industry practices; and
(ii) the ceiling and floor
percentages referred to in paragraph
(2).
(C) Regulations.--Taking into account the
recommendations of the expert panel under
subparagraph (B), the President shall
promulgate regulations that establish--
(i) cost estimation procedures
described in subparagraph (B)(i); and
(ii) the ceiling and floor
percentages referred to in paragraph
(2).
(D) Review by president.--Not later than 2
years after the date of promulgation of
regulations under subparagraph (C) and
periodically thereafter, the President shall
review the cost estimation procedures and the
ceiling and floor percentages established under
this paragraph.
(E) Report to congress.--Not later than 1
year after the date of promulgation of
regulations under subparagraph (C), 3 years
after that date, and at the end of each 2-year
period thereafter, the expert panel shall
submit to Congress a report on the
appropriateness of the cost estimation
procedures.
(4) Special rule.--In any case in which the facility
being repaired, restored, reconstructed, or replaced
under this section was under construction on the date
of the major disaster, the cost of repairing,
restoring, reconstructing, or replacing the facility
shall include, for the purposes of this section, only
those costs that, under the contract for the
construction, are the owner's responsibility and not
the contractor's responsibility.
(5) New rules.--
(A) In general.--Not later than 18 months
after the date of enactment of this paragraph,
the President, acting through the Administrator
of the Federal Emergency Management Agency,
shall issue a final rulemaking that defines the
terms ``resilient'' and ``resiliency'' for
purposes of this subsection.
(B) Guidance.--Not later than 90 days after
the date on which the Administrator issues the
final rulemaking under this paragraph, the
Administrator shall issue any necessary
guidance related to the rulemaking.
(C) Report.--Not later than 2 years after the
date of enactment of this paragraph, the
Administrator shall submit to Congress a report
summarizing the regulations and guidance issued
pursuant to this paragraph.
* * * * * * *
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--
(1) Provision of assistance.--In accordance with this
section, the President, in consultation with the
Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and
households in the State who, as a direct result of a
major disaster, have necessary expenses and serious
needs in cases in which the individuals and households
are unable to meet such expenses or needs through other
means.
(2) Relationship to other assistance.--Under
paragraph (1), an individual or household shall not be
denied assistance under paragraph (1), (3), or (4) of
subsection (c) solely on the basis that the individual
or household has not applied for or received any loan
or other financial assistance from the Small Business
Administration or any other Federal agency.
(b) Housing Assistance.--
(1) Eligibility.--The President may provide financial
or other assistance under this section to individuals
and households to respond to the disaster-related
housing needs of individuals and households who are
displaced from their predisaster primary residences or
whose predisaster primary residences are rendered
uninhabitable, or with respect to individuals with
disabilities, rendered inaccessible or uninhabitable,
as a result of damage caused by a major disaster.
(2) Determination of appropriate types of
assistance.--
(A) In general.--The President shall
determine appropriate types of housing
assistance to be provided under this section to
individuals and households described in
subsection (a)(1) based on considerations of
cost effectiveness, convenience to the
individuals and households, and such other
factors as the President may consider
appropriate.
(B) Multiple types of assistance.--One or
more types of housing assistance may be made
available under this section, based on the
suitability and availability of the types of
assistance, to meet the needs of individuals
and households in the particular disaster
situation.
(c) Types of Housing Assistance.--
(1) Temporary housing.--
(A) Financial assistance.--
(i) In general.--The President may
provide financial assistance to
individuals or households to rent
alternate housing accommodations,
existing rental units, manufactured
housing, recreational vehicles, or
other readily fabricated dwellings.
Such assistance may include the payment
of the cost of utilities, excluding
telephone service.
(ii) Amount.--The amount of
assistance under clause (i) shall be
based on the fair market rent for the
accommodation provided plus the cost of
any transportation, utility hookups,
security deposits, or unit installation
not provided directly by the President.
(B) Direct assistance.--
(i) In general.--The President may
provide temporary housing units,
acquired by purchase or lease, directly
to individuals or households who,
because of a lack of available housing
resources, would be unable to make use
of the assistance provided under
subparagraph (A).
(ii) Lease and repair of rental units
for temporary housing.--
(I) In general.--The
President, to the extent the
President determines it would
be a cost-effective alternative
to other temporary housing
options, may--
[(aa) enter into
lease agreements with
owners of multifamily
rental property located
in areas covered by a
major disaster
declaration to house
individuals and
households eligible for
assistance under this
section; and]
(aa) enter into lease
agreements with owners
of multifamily rental
property impacted by a
major disaster or
located in areas
covered by a major
disaster declaration to
house individuals and
households eligible for
assistance under this
section; and
(bb) make repairs or
improvements to
properties under such
lease agreements, to
the extent necessary to
serve as safe and
adequate temporary
housing.
[(II) Improvements or
repairs.--Under the terms of
any lease agreement for
property entered into under
this subsection, the value of
the improvements or repairs--
[(aa) shall be
deducted from the value
of the lease agreement;
and
[(bb) may not exceed
the value of the lease
agreement.]
(II) Improvements or
repairs.--Under the terms of
any lease agreement for
property entered into under
this subsection, the value of
the improvements or repairs
shall be deducted from the
value of the lease agreement.
(iii) Period of assistance.--The
President may not provide direct
assistance under clause (i) with
respect to a major disaster after the
end of the 18-month period beginning on
the date of the declaration of the
major disaster by the President, except
that the President may extend that
period if the President determines that
due to extraordinary circumstances an
extension would be in the public
interest.
(iv) Collection of rental charges.--
After the end of the 18-month period
referred to in clause (iii), the
President may charge fair market rent
for each temporary housing unit
provided.
(2) Repairs.--
(A) In general.--The President may provide
financial assistance for--
(i) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster to a safe and sanitary
living or functioning condition; and
(ii) eligible hazard mitigation
measures that reduce the likelihood of
future damage to such residences,
utilities, 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.
(3) Replacement.--
(A) In general.--The President may provide
financial assistance for the replacement of
owner-occupied private residences damaged by a
major disaster.
(B) Applicability of flood insurance
requirement.--With respect to assistance
provided under this paragraph, the President
may not waive any provision of Federal law
requiring the purchase of flood insurance as a
condition of the receipt of Federal disaster
assistance.
(4) Permanent housing construction.--The President
may provide financial assistance or direct assistance
to individuals or households to construct permanent or
semi-permanent housing in insular areas outside the
continental United States and in other locations in
cases in which--
(A) no alternative housing resources are
available; and
(B) the types of temporary housing assistance
described in paragraph (1) are unavailable,
infeasible, or not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance.--
(1) Sites.--
(A) In general.--Any readily fabricated
dwelling provided under this section shall,
whenever practicable, be located on a site
that--
(i) is complete with utilities;
(ii) meets the physical accessibility
requirements for individuals with
disabilities; and
(iii) is provided by the State or
local government, by the owner of the
site, or by the occupant who was
displaced by the major disaster.
(B) Sites provided by the president.--A
readily fabricated dwelling may be located on a
site provided by the President if the President
determines that such a site would be more
economical or accessible.
(2) Disposal of units.--
(A) Sale to occupants.--
(i) In general.--Notwithstanding any
other provision of law, a temporary
housing unit purchased under this
section by the President for the
purpose of housing disaster victims may
be sold directly to the individual or
household who is occupying the unit if
the individual or household lacks
permanent housing.
(ii) Sale price.--A sale of a
temporary housing unit under clause (i)
shall be at a price that is fair and
equitable.
(iii) Deposit of proceeds.--
Notwithstanding any other provision of
law, the proceeds of a sale under
clause (i) shall be deposited in the
appropriate Disaster Relief Fund
account.
(iv) Hazard and flood insurance.--A
sale of a temporary housing unit under
clause (i) shall be made on the
condition that the individual or
household purchasing the housing unit
agrees to obtain and maintain hazard
and flood insurance on the housing
unit.
(v) Use of gsa services.--The
President may use the services of the
General Services Administration to
accomplish a sale under clause (i).
(B) Other methods of disposal.--If not
disposed of under subparagraph (A), a temporary
housing unit purchased under this section by
the President for the purpose of housing
disaster victims--
(i) may be sold to any person; or
(ii) may be sold, transferred,
donated, or otherwise made available
directly to a State or other
governmental entity or to a voluntary
organization for the sole purpose of
providing temporary housing to disaster
victims in major disasters and
emergencies if, as a condition of the
sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees--
(I) to comply with the
nondiscrimination provisions of
section 308; and
(II) to obtain and maintain
hazard and flood insurance on
the housing unit.
(e) Financial Assistance To Address Other Needs.--
(1) Medical, dental, child care, and funeral
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household in the
State who is adversely affected by a major disaster to
meet disaster-related medical, dental, child care, and
funeral expenses.
(2) Personal property, transportation, and other
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household
described in paragraph (1) to address personal
property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
(f) State Role.--
(1) [Financial assistance to address other needs.--]
State-administered assistance and other needs
assistance._
(A) Grant to state.--Subject to subsection
(g), a Governor may request a grant from the
President to provide [financial] assistance to
individuals and households in the State under
[subsection (e)] subsections (c)(1)(B), (c)(4),
and (e) if the President and the State comply,
as determined by the Administrator, with
paragraph (3).
(B) Administrative costs.--A State that
receives a grant under subparagraph (A) may
expend not more than 5 percent of the amount of
the grant for the administrative costs of
providing [financial] assistance to individuals
and households in the State under [subsection
(e)] subsections (c)(1)(B), (c)(4), and (e).
(2) Access to records.--In providing assistance to
individuals and households under this section, the
President shall provide for the substantial and ongoing
involvement of the States in which the individuals and
households are located, including by providing to the
States access to the electronic records of individuals
and households receiving assistance under this section
in order for the States to make available any
additional State and local assistance to the
individuals and households.
(3) In general.--
(A) Application.--A State desiring to provide
assistance under subsections (c)(1)(B) and
(c)(4) shall submit to the President an
application for the delegation of the authority
to administer the program.
(B) Criteria.--The President, in consultation
and coordination with States and local
governments, shall establish criteria for the
approval of applications submitted under
subparagraph (A). The criteria shall include,
at a minimum--
(i) the demonstrated ability of the
State to manage the program under this
section;
(ii) there being in effect a plan
approved by the President as to how the
State will comply with applicable
Federal laws and regulations and how
the State will provide assistance under
its plan;
(iii) a requirement that the State or
local government comply with rules and
regulations established pursuant to
subsection (j); and
(iv) a requirement that the
President, or the designee of the
President, comply with subsection (i).
(C) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President,
shall institute adequate policies, procedures,
and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this
program and for programs under subsections
(c)(1)(B) and (c)(4). The President shall
monitor and conduct quality assurance
activities on a State's implementation of
programs under subsections (c)(1)(B) and
(c)(4). If, after approving an application of a
State submitted under this section, the
President determines that the State is not
administering the program established by this
section in a manner satisfactory to the
President, the President shall withdraw the
approval.
(D) Audits.--The Office of the inspector
general shall provide for periodic audits of
the programs administered by States under this
subsection.
(E) Applicable laws.--All Federal laws
applicable to the management, administration,
or contracting of the programs by the Federal
Emergency Management Agency under this section
shall be applicable to the management,
administration, or contracting by a non-Federal
entity under this section.
(F) Report.--Not later than 1 year after the
date of enactment of this paragraph, the
inspector general of the Department of Homeland
Security shall submit a report 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 on the State role
to provide assistance under this section. The
report shall contain an assessment of the
effectiveness of the State's role to provide
assistance under this section, including--
(i) whether the State's role helped
to improve the general speed of
disaster recovery;
(ii) whether the States providing
assistance under this section had the
capacity to administer this section;
and
(iii) recommendations for changes to
improve the program if the State's role
to administer the programs should be
continued.
(G) Prohibition.--The President may not
condition the provision of Federal assistance
under this Act by a State, Tribal, or local
government requesting a grant under this
section.
(H) Miscellaneous.--
(i) Notice and comment.--The
Administrator may waive notice and
comment rulemaking, if the
Administrator determines doing so is
necessary to expeditiously implement
this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
(ii) Final rule.--Not later than 2
years after the date of enactment of
this paragraph, the Administrator shall
issue final regulations to implement
this subsection as amended by the
Disaster Recovery Reform Act.
(iii) Waiver and expiration.--The
authority under clause (i) and any
pilot program implemented pursuant to
such clause shall expire 2 years after
date of enactment of this paragraph or
upon issuance of final regulations
pursuant to clause (ii), whichever
occurs sooner.
(g) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid
using assistance provided under this section shall be
100 percent.
(2) Financial assistance to address other needs.--In
the case of financial assistance provided under
subsection (e)--
(A) the Federal share shall be 75 percent;
and
(B) the non-Federal share shall be paid from
funds made available by the State.
(h) Maximum Amount of Assistance.--
(1) In general.--No individual or household shall
receive financial assistance greater than $25,000 under
this section with respect to a single major disaster,
excluding financial assistance to rent alternate
housing accommodations under subsection (c)(1)(A)(i)
and financial assistance to address other needs under
subsection (e).
(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive
under subsection (e) shall be equivalent to the amount
set forth in paragraph (1) with respect to a single
major disaster.
[(2)] (3) Adjustment of limit.--The limit established
under [paragraph (1)] paragraphs (1) and (2) shall be
adjusted annually to reflect changes in the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
(4) Exclusion of necessary expenses for individuals
with disabilities.--
(A) The maximum amount of assistance
established under paragraph (1) shall exclude
expenses to repair or replace damaged
accessibility-related improvements under
paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
(B) The maximum amount of assistance
established under paragraph (2) shall exclude
expenses to repair or replace accessibility-
related personal property under subsection
(e)(2) for individuals with disabilities.
(i) Verification Measures.--In carrying out this section, the
President shall develop a system, including an electronic
database, that shall allow the President, or the designee of
the President, to--
(1) verify the identity and address of recipients of
assistance under this section to provide reasonable
assurance that payments are made only to an individual
or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments
or payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under
this section, or reduce the amount of subsequent
payments to offset the amount of any such duplicate
payment;
(4) provide instructions to recipients of assistance
under this section regarding the proper use of any such
assistance, regardless of how such assistance is
distributed; and
(5) conduct an expedited and simplified review and
appeal process for an individual or household whose
application for assistance under this section is
denied.
(j) Rules and Regulations.--The President shall prescribe
rules and regulations to carry out this section, including
criteria, standards, and procedures for determining eligibility
for assistance.
* * * * * * *
SEC. 420. FIRE MANAGEMENT ASSISTANCE.
(a) In General.--The President is authorized to provide
assistance, including grants, equipment, supplies, and
personnel, to any State or local government for the mitigation,
management, and control of any fire on public or private forest
land or grassland that threatens such destruction as would
constitute a major disaster.
(b) Coordination With State and Tribal Departments of
Forestry.--In providing assistance under this section, the
President shall coordinate with State and tribal departments of
forestry.
(c) Essential Assistance.--In providing assistance under this
section, the President may use the authority provided under
section 403.
(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard
mitigation assistance in accordance with section 404 in any
area affected by a fire for which assistance was provided under
this section.
[(d)] (e) Rules and Regulations.--The President shall
prescribe such rules and regulations as are necessary to carry
out this section.
* * * * * * *
SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.
(a) Approval of Projects.--The President, acting through the
Administrator of the Federal Emergency Management Agency, may
approve projects under the alternative procedures adopted under
this section for any major disaster or emergency declared on or
after the date of enactment of this section. The Administrator
may also apply the alternate procedures adopted under this
section to a major disaster or emergency declared before
enactment of this Act for which construction has not begun as
of the date of enactment of this Act.
(b) Adoption.--The Administrator, in coordination with
States, tribal and local governments, and owners or operators
of private nonprofit facilities, may adopt alternative
procedures to administer assistance provided under sections
403(a)(3)(A), 406, 407, and 502(a)(5).
(c) Goals of Procedures.--The alternative procedures adopted
under subsection (a) shall further the goals of--
(1) reducing the costs to the Federal Government of
providing such assistance;
(2) increasing flexibility in the administration of
such assistance;
(3) expediting the provision of such assistance to a
State, tribal or local government, or owner or operator
of a private nonprofit facility; and
(4) providing financial incentives and disincentives
for a State, tribal or local government, or owner or
operator of a private nonprofit facility for the timely
and cost-effective completion of projects with such
assistance.
(d) Participation.--
(1) In general.--Participation in the alternative
procedures adopted under this section shall be at the
election of a State, tribal or local government, or
owner or operator of a private nonprofit facility
consistent with procedures determined by the
Administrator.
(2) No conditions.--The President may not condition
the provision of Federal assistance under this Act on
the election by a State, Tribal, or local government,
or owner or operator of a private nonprofit facility to
participate in the alternative procedures adopted under
this section.
(e) Minimum Procedures.--The alternative procedures adopted
under this section shall include the following:
(1) For repair, restoration, and replacement of
damaged facilities under section 406--
(A) making grants on the basis of fixed
estimates, if the State, tribal or local
government, or owner or operator of the private
nonprofit facility agrees to be responsible for
any actual costs that exceed the estimate;
(B) providing an option for a State, tribal
or local government, or owner or operator of a
private nonprofit facility to elect to receive
an in-lieu contribution, without reduction, on
the basis of estimates of--
(i) the cost of repair, restoration,
reconstruction, or replacement of a
public facility owned or controlled by
the State, tribal or local government
or owner or operator of a private
nonprofit facility; and
(ii) management expenses;
(C) consolidating, to the extent determined
appropriate by the Administrator, the
facilities of a State, tribal or local
government, or owner or operator of a private
nonprofit facility as a single project based
upon the estimates adopted under the
procedures;
(D) if the actual costs of a project
completed under the procedures are less than
the estimated costs thereof, the Administrator
may permit a grantee or subgrantee to use all
or part of the excess funds for--
(i) cost-effective activities that
reduce the risk of future damage,
hardship, or suffering from a major
disaster; and
(ii) other activities to improve
future Public Assistance operations or
planning;
(E) in determining eligible costs under
section 406, the Administrator shall make
available, at an applicant's request and where
the Administrator or the certified cost
estimate prepared by the applicant's
professionally licensed engineers has estimated
an eligible Federal share for a project of at
least $5,000,000, an independent expert panel
to validate the estimated eligible cost
consistent with applicable regulations and
policies implementing this section; [and]
(F) in determining eligible costs under
section 406, the Administrator shall, at the
applicant's request, consider properly
conducted and certified cost estimates prepared
by professionally licensed engineers (mutually
agreed upon by the Administrator and the
applicant), to the extent that such estimates
comply with applicable regulations, policy, and
guidance[.]; and
(G) once certified by a professionally
licensed engineer and accepted by the
Administrator, the estimates on which grants
made pursuant to this section are based shall
be presumed to be reasonable, eligible, and
actual costs as long as there is no evidence of
fraud.
(2) For debris removal under sections 403(a)(3)(A),
407, and 502(a)(5)--
(A) making grants on the basis of fixed
estimates to provide financial incentives and
disincentives for the timely or cost-effective
completion if the State, tribal or local
government, or owner or operator of the private
nonprofit facility agrees to be responsible to
pay for any actual costs that exceed the
estimate;
(B) using a sliding scale for determining the
Federal share for removal of debris and
wreckage based on the time it takes to complete
debris and wreckage removal;
(C) allowing use of program income from
recycled debris without offset to the grant
amount;
(D) reimbursing base and overtime wages for
employees and extra hires of a State, tribal or
local government, or owner or operator of a
private nonprofit facility performing or
administering debris and wreckage removal;
(E) providing incentives to a State or tribal
or local government to have a debris management
plan approved by the Administrator and have
pre-qualified 1 or more debris and wreckage
removal contractors before the date of
declaration of the major disaster; and
(F) if the actual costs of projects under
subparagraph (A) are less than the estimated
costs of the project, the Administrator may
permit a grantee or subgrantee to use all or
part of the excess funds for--
(i) debris management planning;
(ii) acquisition of debris management
equipment for current or future use;
and
(iii) other activities to improve
future debris removal operations, as
determined by the Administrator.
(f) Waiver Authority.--Until such time as the Administrator
promulgates regulations to implement this section, the
Administrator may--
(1) waive notice and comment rulemaking, if the
Administrator determines the waiver is necessary to
expeditiously implement this section; and
(2) carry out the alternative procedures under this
section as a pilot program.
(g) Overtime Payments.--The guidelines for reimbursement for
costs under subsection (e)(2)(D) shall ensure that no State or
local government is denied reimbursement for overtime payments
that are required pursuant to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.).
(h) Report.--
(1) In general.--Not earlier than 3 years, and not
later than 5 years, after the date of enactment of this
section, the Inspector General of the Department of
Homeland Security 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
on the alternative procedures for the repair,
restoration, and replacement of damaged facilities
under section 406 authorized under this section.
(2) Contents.--The report shall contain an assessment
of the effectiveness of the alternative procedures,
including--
(A) whether the alternative procedures helped
to improve the general speed of disaster
recovery;
(B) the accuracy of the estimates relied
upon;
(C) whether the financial incentives and
disincentives were effective;
(D) whether the alternative procedures were
cost effective;
(E) whether the independent expert panel
described in subsection (e)(1)(E) was
effective; and
(F) recommendations for whether the
alternative procedures should be continued and
any recommendations for changes to the
alternative procedures.
* * * * * * *
SEC. 430. AGENCY ACCOUNTABILITY.
(a) Public Assistance.--Not later than 5 days after an award
of a public assistance grant is made under section 406 that is
in excess of $1,000,000, the Administrator shall publish on the
Agency's website the specifics of each such grant award,
including--
(1) identifying the Federal Emergency Management
Agency Region;
(2) the disaster or emergency declaration number;
(3) the State, county, and applicant name;
(4) if the applicant is a private nonprofit;
(5) the damage category code;
(6) the amount of the Federal share obligated; and
(7) the date of the award.
(b) Mission Assignments.--
(1) In general.--Not later than 5 days after the
issuance of a mission assignment or mission assignment
task order, the Administrator shall publish on the
Agency's website any mission assignment or mission
assignment task order to another Federal department or
agency regarding a major disaster in excess of
$1,000,000, including--
(A) the name of the impacted State or Tribe;
(B) the disaster declaration for such State
or Tribe;
(C) the assigned agency;
(D) the assistance requested;
(E) a description of the disaster;
(F) the total cost estimate;
(G) the amount obligated;
(H) the State or Tribal cost share, if
applicable;
(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
(J) if applicable, the date a State or Tribe
requested the mission assignment.
(2) Recording changes.--Not later than 10 days after
the last day of each month until a mission assignment
or mission assignment task order described in paragraph
(1) is completed and closed out, the Administrator
shall update any changes to the total cost estimate and
the amount obligated.
(c) Disaster Relief Monthly Report.--Not later than 10 days
after the first day of each month, the Administrator shall
publish on the Agency's website reports, including a specific
description of the methodology and the source data used in
developing such reports, including--
(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant
to section 1105(a) of title 31, United States Code,
including--
(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the
budget year;
(B) the unobligated balance of funds to be
carried over from the budget year to the budget
year plus 1;
(C) the amount of obligations for non-
catastrophic events for the budget year;
(D) the amount of obligations for the budget
year for catastrophic events delineated by
event and by State;
(E) the total amount that has been previously
obligated or will be required for catastrophic
events delineated by event and by State for all
prior years, the current fiscal year, the
budget year, and each fiscal year thereafter;
(F) the amount of previously obligated funds
that will be recovered for the budget year;
(G) the amount that will be required for
obligations for emergencies, as described in
section 102(1), major disasters, as described
in section 102(2), fire management assistance
grants, as described in section 420, surge
activities, and disaster readiness and support
activities; and
(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and
(2) an estimate or actual amounts, if available, of
the following for the current fiscal year shall be
submitted not later than the fifth day of each month,
published by the Administrator on the Agency's website
not later than the fifth day of each month:
(A) A summary of the amount of appropriations
made available by source, the transfers
executed, the previously allocated funds
recovered, and the commitments, allocations,
and obligations made.
(B) A table of disaster relief activity
delineated by month, including--
(i) the beginning and ending
balances;
(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster
support activities;
(iii) the obligations for
catastrophic events delineated by event
and by State; and
(iv) the amount of previously
obligated funds that are recovered.
(C) A summary of allocations, obligations,
and expenditures for catastrophic events
delineated by event.
(D) The cost of the following categories of
spending:
(i) Public assistance.
(ii) Individual assistance.
(iii) Mitigation.
(iv) Administrative.
(v) Operations.
(vi) Any other relevant category
(including emergency measures and
disaster resources) delineated by
disaster.
(E) The date on which funds appropriated will
be exhausted.
(d) Contracts.--
(1) Information.--Not later than 10 days after the
first day of each month, the Administrator shall
publish on the Agency's website the specifics of each
contract in excess of $1,000,000 that the Agency enters
into, including--
(A) the name of the party;
(B) the date the contract was awarded;
(C) the amount of the contract, the scope of
the contract;
(D) if the contract was awarded through
competitive bidding process;
(E) if no competitive bidding process was
used, the reason why competitive bidding was
not used; and
(F) the authority used to bypass the
competitive bidding process.
The information shall be delineated by disaster, if
applicable, and specify the damage category code, if
applicable.
(2) Report.--Not later than 10 days after the last
day of the fiscal year, the Administrator shall provide
a report to the appropriate committees of Congress
summarizing the following information for the preceding
fiscal year:
(A) The number of contracts awarded without
competitive bidding.
(B) The reasons why a competitive bidding
process was not used.
(C) The total amount of contracts awarded
with no competitive bidding.
(D) The damage category codes, if applicable,
for contracts awarded without competitive
bidding.
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) Statute of Limitations.--
(1) In general.--Except as provided in paragraph (2),
no administrative action to recover any payment made to
a State or local government for disaster or emergency
assistance under this Act shall be initiated in any
forum after the date that is 3 years after the date of
transmission of the final expenditure report for the
disaster or emergency.
(2) Fraud exception.--The limitation under paragraph
(1) shall apply unless there is evidence of civil or
criminal fraud.
(b) Rebuttal of Presumption of Record Maintenance.--
(1) In general.--In any dispute arising under this
section after the date that is 3 years after the date
of transmission of the final expenditure report for the
disaster or emergency, there shall be a presumption
that accounting records were maintained that adequately
identify the source and application of funds provided
for financially assisted activities.
(2) Affirmative evidence.--The presumption described
in paragraph (1) may be rebutted only on production of
affirmative evidence that the State or local government
did not maintain documentation described in that
paragraph.
(3) Inability to produce documentation.--The
inability of the Federal, State, or local government to
produce source documentation supporting expenditure
reports later than 3 years after the date of
transmission of the final expenditure report shall not
constitute evidence to rebut the presumption described
in paragraph (1).
(4) Right of access.--The period during which the
Federal, State, or local government has the right to
access source documentation shall not be limited to the
required 3-year retention period referred to in
paragraph (3), but shall last as long as the records
are maintained.
(c) Binding Nature of Grant Requirements.--A State or local
government shall not be liable for reimbursement or any other
penalty for any payment made under this Act if--
(1) the payment was authorized by an approved
agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(d) Facilitating Closeout.--
(1) Incentives.--The Administrator may develop
incentives and penalties that encourage State, Tribal,
or local governments to close out expenditures and
activities on a timely basis related to disaster or
emergency assistance.
(2) Agency requirements.--The Agency shall,
consistent with applicable regulations and required
procedures, meet its responsibilities to improve
closeout practices and reduce the time to close
disaster program awards.
* * * * * * *
----------
DISASTER MITIGATION ACT OF 2000
* * * * * * *
TITLE II--STREAMLINING AND COST REDUCTION
* * * * * * *
SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE
DAMAGED FACILITIES.
(a) Contributions.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (a) and inserting the
following:
``(a) Contributions.--
``(1) In general.--The President may make
contributions--
``(A) to a State or local government for the
repair, restoration, reconstruction, or
replacement of a public facility damaged or
destroyed by a major disaster and for
associated expenses incurred by the government;
and
``(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit
facility damaged or destroyed by a major
disaster for the repair, restoration,
reconstruction, or replacement of the facility
and for associated expenses incurred by the
person.
``(2) Associated expenses.--For the purposes of this
section, associated expenses shall include--
``(A) the costs of mobilizing and employing
the National Guard for performance of eligible
work;
``(B) the costs of using prison labor to
perform eligible work, including wages actually
paid, transportation to a worksite, and
extraordinary costs of guards, food, and
lodging; and
``(C) base and overtime wages for the
employees and extra hires of a State, local
government, or person described in paragraph
(1) that perform eligible work, plus fringe
benefits on such wages to the extent that such
benefits were being paid before the major
disaster.
``(3) Conditions for assistance to private nonprofit
facilities.--
``(A) In general.--The President may make
contributions to a private nonprofit facility
under paragraph (1)(B) only if--
``(i) the facility provides critical
services (as defined by the President)
in the event of a major disaster; or
``(ii) the owner or operator of the
facility--
``(I) has applied for a
disaster loan under section
7(b) of the Small Business Act
(15 U.S.C. 636(b)); and
``(II)(aa) has been
determined to be ineligible for
such a loan; or
``(bb) has obtained
such a loan in the
maximum amount for
which the Small
Business Administration
determines the facility
is eligible.
``(B) Definition of critical services.--In
this paragraph, the term `critical services'
includes power, water (including water provided
by an irrigation organization or facility),
sewer, wastewater treatment, communications,
and emergency medical care.
``(4) Notification to congress.--Before making any
contribution under this section in an amount greater
than $20,000,000, the President shall notify--
``(A) the Committee on Environment and Public
Works of the Senate;
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(C) the Committee on Appropriations of the
Senate; and
``(D) the Committee on Appropriations of the
House of Representatives.''.
(b) Federal Share.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (b) and inserting the
following:
``(b) Federal Share.--
``(1) Minimum federal share.--Except as provided in
paragraph (2), the Federal share of assistance under
this section shall be not less than 75 percent of the
eligible cost of repair, restoration, reconstruction,
or replacement carried out under this section.
``(2) Reduced federal share.--The President shall
promulgate regulations to reduce the Federal share of
assistance under this section to not less than 25
percent in the case of the repair, restoration,
reconstruction, or replacement of any eligible public
facility or private nonprofit facility following an
event associated with a major disaster--
``(A) that has been damaged, on more than one
occasion within the preceding 10-year period,
by the same type of event; and
``(B) the owner of which has failed to
implement appropriate mitigation measures to
address the hazard that caused the damage to
the facility.''.
(c) Large In-Lieu Contributions.--Section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) is amended by striking subsection (c) and
inserting the following:
``(c) Large In-Lieu Contributions.--
``(1) For public facilities.--
``(A) In general.--In any case in which a
State or local government determines that the
public welfare would not best be served by
repairing, restoring, reconstructing, or
replacing any public facility owned or
controlled by the State or local government,
the State or local government may elect to
receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution in an
amount equal to 75 percent of the Federal share
of the Federal estimate of the cost of
repairing, restoring, reconstructing, or
replacing the facility and of management
expenses.
``(B) Areas with unstable soil.--In any case
in which a State or local government determines
that the public welfare would not best be
served by repairing, restoring, reconstructing,
or replacing any public facility owned or
controlled by the State or local government
because soil instability in the disaster area
makes repair, restoration, reconstruction, or
replacement infeasible, the State or local
government may elect to receive, in lieu of a
contribution under subsection (a)(1)(A), a
contribution in an amount equal to 90 percent
of the Federal share of the Federal estimate of
the cost of repairing, restoring,
reconstructing, or replacing the facility and
of management expenses.
``(C) Use of funds.--Funds contributed to a
State or local government under this paragraph
may be used--
``(i) to repair, restore, or expand
other selected public facilities;
``(ii) to construct new facilities;
or
``(iii) to fund hazard mitigation
measures that the State or local
government determines to be necessary
to meet a need for governmental
services and functions in the area
affected by the major disaster.
``(D) Limitations.--Funds made available to a
State or local government under this paragraph
may not be used for--
``(i) any public facility located in
a regulatory floodway (as defined in
section 59.1 of title 44, Code of
Federal Regulations (or a successor
regulation)); or
``(ii) any uninsured public facility
located in a special flood hazard area
identified by the Director of the
Federal Emergency Management Agency
under the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.).
``(2) For private nonprofit facilities.--
``(A) In general.--In any case in which a
person that owns or operates a private
nonprofit facility determines that the public
welfare would not best be served by repairing,
restoring, reconstructing, or replacing the
facility, the person may elect to receive, in
lieu of a contribution under subsection
(a)(1)(B), a contribution in an amount equal to
75 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring,
reconstructing, or replacing the facility and
of management expenses.
``(B) Use of funds.--Funds contributed to a
person under this paragraph may be used--
``(i) to repair, restore, or expand
other selected private nonprofit
facilities owned or operated by the
person;
``(ii) to construct new private
nonprofit facilities to be owned or
operated by the person; or
``(iii) to fund hazard mitigation
measures that the person determines to
be necessary to meet a need for the
person's services and functions in the
area affected by the major disaster.
``(C) Limitations.--Funds made available to a
person under this paragraph may not be used
for--
``(i) any private nonprofit facility
located in a regulatory floodway (as
defined in section 59.1 of title 44,
Code of Federal Regulations (or a
successor regulation)); or
``(ii) any uninsured private
nonprofit facility located in a special
flood hazard area identified by the
Director of the Federal Emergency
Management Agency under the National
Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.).''.
(d) Eligible Cost.--
(1) In general.--Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172) is amended by striking subsection (e)
and inserting the following:
``(e) Eligible Cost.--
``(1) Determination.--
``(A) In general.--For the purposes of this
section, the President shall estimate the
eligible cost of repairing, restoring,
reconstructing, or replacing a public facility
or private nonprofit facility--
``(i) on the basis of the design of
the facility as the facility existed
immediately before the major disaster;
and
``(ii) in conformity with codes,
specifications, and standards
(including floodplain management and
hazard mitigation criteria required by
the President or under the Coastal
Barrier Resources Act (16 U.S.C. 3501
et seq.)) applicable at the time at
which the disaster occurred.
``(B) Cost estimation procedures.--
``(i) In general.--Subject to
paragraph (2), the President shall use
the cost estimation procedures
established under paragraph (3) to
determine the eligible cost under this
subsection.
``(ii) Applicability.--The procedures
specified in this paragraph and
paragraph (2) shall apply only to
projects the eligible cost of which is
equal to or greater than the amount
specified in section 422.
``(2) Modification of eligible cost.--
``(A) Actual cost greater than ceiling
percentage of estimated cost.--In any case in
which the actual cost of repairing, restoring,
reconstructing, or replacing a facility under
this section is greater than the ceiling
percentage established under paragraph (3) of
the cost estimated under paragraph (1), the
President may determine that the eligible cost
includes a portion of the actual cost of the
repair, restoration, reconstruction, or
replacement that exceeds the cost estimated
under paragraph (1).
``(B) Actual cost less than estimated cost.--
``(i) Greater than or equal to floor
percentage of estimated cost.--In any
case in which the actual cost of
repairing, restoring, reconstructing,
or replacing a facility under this
section is less than 100 percent of the
cost estimated under paragraph (1), but
is greater than or equal to the floor
percentage established under paragraph
(3) of the cost estimated under
paragraph (1), the State or local
government or person receiving funds
under this section shall use the excess
funds to carry out cost-effective
activities that reduce the risk of
future damage, hardship, or suffering
from a major disaster.
``(ii) Less than floor percentage of
estimated cost.--In any case in which
the actual cost of repairing,
restoring, reconstructing, or replacing
a facility under this section is less
than the floor percentage established
under paragraph (3) of the cost
estimated under paragraph (1), the
State or local government or person
receiving assistance under this section
shall reimburse the President in the
amount of the difference.
``(C) No effect on appeals process.--Nothing
in this paragraph affects any right of appeal
under section 423.
``(3) Expert panel.--
``(A) Establishment.--Not later than 18
months after the date of the enactment of this
paragraph, the President, acting through the
Director of the Federal Emergency Management
Agency, shall establish an expert panel, which
shall include representatives from the
construction industry and State and local
government.
``(B) Duties.--The expert panel shall develop
recommendations concerning--
``(i) procedures for estimating the
cost of repairing, restoring,
reconstructing, or replacing a facility
consistent with industry practices; and
``(ii) the ceiling and floor
percentages referred to in paragraph
(2).
``(C) Regulations.--Taking into account the
recommendations of the expert panel under
subparagraph (B), the President shall
promulgate regulations that establish--
``(i) cost estimation procedures
described in subparagraph (B)(i); and
``(ii) the ceiling and floor
percentages referred to in paragraph
(2).
``(D) Review by president.--Not later than 2
years after the date of promulgation of
regulations under subparagraph (C) and
periodically thereafter, the President shall
review the cost estimation procedures and the
ceiling and floor percentages established under
this paragraph.
``(E) Report to congress.--Not later than 1
year after the date of promulgation of
regulations under subparagraph (C), 3 years
after that date, and at the end of each 2-year
period thereafter, the expert panel shall
submit to Congress a report on the
appropriateness of the cost estimation
procedures.
``(4) Special rule.--In any case in which the
facility being repaired, restored, reconstructed, or
replaced under this section was under construction on
the date of the major disaster, the cost of repairing,
restoring, reconstructing, or replacing the facility
shall include, for the purposes of this section, only
those costs that, under the contract for the
construction, are the owner's responsibility and not
the contractor's responsibility.''.
(2) Effective date.--The amendment made by paragraph
(1) takes effect on the date of the enactment of this
Act and applies to funds appropriated after the date of
the enactment of this Act, except that paragraph (1)(B)
of section 406(e) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (as amended by
paragraph (1)) takes effect on the date on which the
cost estimation procedures established under paragraph
(3) of that section take effect.
(e) Conforming Amendment.--Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) is amended by striking subsection (f).
* * * * * * *
----------
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965
* * * * * * *
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
* * * * * * *
SEC. 209. GRANTS FOR ECONOMIC ADJUSTMENT.
(a) In General.--On the application of an eligible recipient,
the Secretary may make grants for development of public
facilities, public services, business development (including
funding of a revolving loan fund), planning, technical
assistance, training, and any other assistance to alleviate
long-term economic deterioration and sudden and severe economic
dislocation and further the economic adjustment objectives of
this title.
(b) Criteria for Assistance.--The Secretary may provide
assistance under this section only if the Secretary determines
that--
(1) the project will help the area to meet a special
need arising from--
(A) actual or threatened severe unemployment;
or
(B) economic adjustment problems resulting
from severe changes in economic conditions; and
(2) the area for which a project is to be carried out
has a comprehensive economic development strategy and
the project is consistent with the strategy, except
that this paragraph shall not apply to planning
projects.
(c) Particular Community Assistance.--Assistance under this
section may include assistance provided for activities
identified by communities, the economies of which are injured
by--
(1) military base closures or realignments, defense
contractor reductions in force, or Department of Energy
defense-related funding reductions, for help in
diversifying their economies through projects to be
carried out on Federal Government installations or
elsewhere in the communities;
(2) disasters or emergencies, in areas with respect
to which a major disaster or emergency has been
declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
for post-disaster economic recovery;
(3) international trade, for help in economic
restructuring of the communities;
(4) fishery failures, in areas with respect to which
a determination that there is a commercial fishery
failure has been made under section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a(a)); or
(5) the loss of manufacturing jobs, for reinvesting
in and diversifying the economies of the communities.
(d) Special Provisions Relating to Revolving Loan Fund
Grants.--
(1) In general.--The Secretary shall promulgate
regulations to maintain the proper operation and
financial integrity of revolving loan funds established
by recipients with assistance under this section.
(2) Efficient administration.--The Secretary may--
(A) at the request of a grantee, amend and
consolidate grant agreements governing
revolving loan funds to provide flexibility
with respect to lending areas and borrower
criteria;
(B) assign or transfer assets of a revolving
loan fund to third party for the purpose of
liquidation, and the third party may retain
assets of the fund to defray costs related to
liquidation; and
(C) take such actions as are appropriate to
enable revolving loan fund operators to sell or
securitize loans (except that the actions may
not include issuance of a Federal guaranty by
the Secretary).
(3) Treatment of actions.--An action taken by the
Secretary under this subsection with respect to a
revolving loan fund shall not constitute a new
obligation if all grant funds associated with the
original grant award have been disbursed to the
recipient.
(4) Preservation of securities laws.--
(A) Not treated as exempted securities.--No
securities issued pursuant to paragraph (2)(C)
shall be treated as exempted securities for
purposes of the Securities Act of 1933 (15
U.S.C. 77a et seq.) or the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.), unless
exempted by rule or regulation of the
Securities and Exchange Commission.
(B) Preservation.--Except as provided in
subparagraph (A), no provision of this
subsection or any regulation promulgated by the
Secretary under this subsection supersedes or
otherwise affects the application of the
securities laws (as the term is defined in
section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a))) or the rules,
regulations, or orders of the Securities and
Exchange Commission or a self-regulatory
organization under that Commission.
(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the
Secretary may encourage hazard mitigation in assistance
provided pursuant to such subsection.
* * * * * * *
----------
POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
* * * * * * *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Subtitle C--Comprehensive Preparedness System
* * * * * * *
CHAPTER 2--ADDITIONAL PREPAREDNESS
SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) In General.--The Administrator may make grants to
administer the Emergency Management Assistance Compact
consented to by the Joint Resolution entitled ``Joint
Resolution granting the consent of Congress to the Emergency
Management Assistance Compact'' (Public Law 104-321; 110 Stat.
3877).
(b) Uses.--A grant under this section shall be used--
(1) to carry out recommendations identified in the
Emergency Management Assistance Compact after-action
reports for the 2004 and 2005 hurricane season;
(2) to administer compact operations on behalf of all
member States and territories;
(3) to continue coordination with the Agency and
appropriate Federal agencies;
(4) to continue coordination with State, local, and
tribal government entities and their respective
national organizations; and
(5) to assist State and local governments, emergency
response providers, and organizations representing such
providers with credentialing emergency response
providers and the typing of emergency response
resources.
(c) Coordination.--The Administrator shall consult with the
Administrator of the Emergency Management Assistance Compact to
ensure effective coordination of efforts in responding to
requests for assistance.
(d) Authorization.--There is authorized to be appropriated to
carry out this section $4,000,000 [for fiscal year 2008] for
each of fiscal years 2018 through 2022. Such sums shall remain
available until expended.
SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
(a) Definitions.--In this section--
(1) the term ``program'' means the emergency
management performance grants program described in
subsection (b); and
(2) the term ``State'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(b) In general.--The Administrator of the Federal Emergency
Management Agency shall continue implementation of an emergency
management performance grants program, to make grants to States
to assist State, local, and tribal governments in preparing for
all hazards, as authorized by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(c) Federal Share.--Except as otherwise specifically provided
by title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
share of the cost of an activity carried out using funds made
available under the program shall not exceed 50 percent.
(d) Apportionment.--For fiscal year 2008, and each fiscal
year thereafter, the Administrator shall apportion the amounts
appropriated to carry out the program among the States as
follows:
(1) Baseline amount.--The Administrator shall first
apportion 0.25 percent of such amounts to each of
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands and 0.75
percent of such amounts to each of the remaining
States.
(2) Remainder.--The Administrator shall apportion the
remainder of such amounts in the ratio that--
(A) the population of each State; bears to
(B) the population of all States.
(e) Consistency in Allocation.--Notwithstanding subsection
(d), in any fiscal year before fiscal year 2013 in which the
appropriation for grants under this section is equal to or
greater than the appropriation for emergency management
performance grants in fiscal year 2007, no State shall receive
an amount under this section for that fiscal year less than the
amount that State received in fiscal year 2007.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out [the program--]
[(1) for fiscal year 2008, $400,000,000;
[(2) for fiscal year 2009, $535,000,000;
[(3) for fiscal year 2010, $680,000,000;
[(4) for fiscal year 2011, $815,000,000; and
[(5) for fiscal year 2012] the program, for each of
fiscal years 2018 through 2022, $950,000,000.
* * * * * * *
----------
SANDY RECOVERY IMPROVEMENT ACT OF 2013
* * * * * * *
DIVISION B--SANDY RECOVERY IMPROVEMENT ACT OF 2013
* * * * * * *
SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.
(a) Definitions.--In this section, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Eligible assistance.--The term ``eligible
assistance'' means assistance--
(A) under section 403, 406, or 407 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b,
5172, 5173);
(B) for which the legitimate amount in
dispute is not less than $1,000,000, which sum
the Administrator shall adjust annually to
reflect changes in the Consumer Price Index for
all Urban Consumers published by the Department
of Labor;
(C) for which the applicant has a non-Federal
share; and
(D) for which the applicant has received a
decision on a first appeal.
(b) Procedures.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, and in order to
facilitate an efficient recovery from major disasters,
the Administrator shall establish procedures under
which an applicant may request the use of alternative
dispute resolution, including arbitration by an
independent review panel, to resolve disputes relating
to eligible assistance.
(2) Binding effect.--A decision by an independent
review panel under this section shall be binding upon
the parties to the dispute.
(3) Considerations.--The procedures established under
this section shall--
(A) allow a party of a dispute relating to
eligible assistance to request an independent
review panel for the review;
(B) require a party requesting an independent
review panel as described in subparagraph (A)
to agree to forgo rights to any further appeal
of the dispute relating to any eligible
assistance;
(C) require that the sponsor of an
independent review panel for any alternative
dispute resolution under this section be--
(i) an individual or entity
unaffiliated with the dispute (which
may include a Federal agency, an
administrative law judge, or a
reemployed annuitant who was an
employee of the Federal Government)
selected by the Administrator; and
(ii) responsible for identifying and
maintaining an adequate number of
independent experts qualified to review
and resolve disputes under this
section;
(D) require an independent review panel to--
(i) resolve any remaining disputed
issue in accordance with all applicable
laws, regulations, and Agency
interpretations of those laws through
its published policies and guidance;
(ii) consider only evidence contained
in the administrative record, as it
existed at the time at which the Agency
made its initial decision;
(iii) only set aside a decision of
the Agency found to be arbitrary,
capricious, an abuse of discretion, or
otherwise not in accordance with law;
and
(iv) in the case of a finding of
material fact adverse to the claimant
made on first appeal, only set aside or
reverse such finding if the finding is
clearly erroneous;
(E) require an independent review panel to
expeditiously issue a written decision for any
alternative dispute resolution under this
section; and
(F) direct that if an independent review
panel for any alternative dispute resolution
under this section determines that the basis
upon which a party submits a request for
alternative dispute resolution is frivolous,
the independent review panel shall direct the
party to pay the reasonable costs to the
Federal Emergency Management Agency relating to
the review by the independent review panel. Any
funds received by the Federal Emergency
Management Agency under the authority of this
section shall be deposited to the credit of the
appropriation or appropriations available for
the eligible assistance in dispute on the date
on which the funds are received.
(c) Sunset.--A request for review by an independent review
panel under this section may not be made after December 31,
[2015] 2022.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]