[Senate Report 115-446]
[From the U.S. Government Publishing Office]
Calendar No. 737
115th Congress } { Report
SENATE
2d Session } { 115-446
_______________________________________________________________________
DISASTER RECOVERY REFORM ACT OF 2018
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3041
TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT TO PROVIDE FOR DISASTER RECOVERY REFORMS, AND
FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19, 2018.--Ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
JON KYL, Arizona DOUG JONES, Alabama
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Michael J. Lueptow, Chief Counsel for Governmental Affairs
Margaret E. Daum, Minority Staff Director
Charles A. Moskowitz, Minority Senior Legislative Counsel
Christopher J. Mulkins, Minority U.S. Government Accountability Office
Detailee
Laura W. Kilbride, Chief Clerk
Calendar No. 737
115th Congress } { Report
SENATE
2d Session } { 115-446
======================================================================
DISASTER RECOVERY REFORM ACT OF 2018
_______
December 19, 2018.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 3041]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3041) to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to provide for disaster recovery reforms, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and the Need for Legislation..........................2
III. Legislative History..............................................7
IV. Section-by-Section Analysis......................................9
V. Evaluation of Regulatory Impact.................................16
VI. Congressional Budget Office Cost Estimate.......................16
VII. Changes in Existing Law Made by the Bill, as Reported...........24
I. Purpose and Summary
The purpose of S. 3041 is to improve the way the nation
prepares for and responds to disasters. It improves our
nation's resilience by providing financial resources for pre-
disaster mitigation and incentivizing jurisdictions to adopt
up-to-date building codes. The bill enables improved Federal
disaster response by providing the Federal Emergency Management
Agency (FEMA) with more ways to augment its permanent
workforce. It emphasizes the need for and provides tools to
execute an effective local response to disasters. It does so by
empowering states to administer housing assistance efforts, and
increasing allowable management costs for response and
recovery. The bill also requires FEMA to review and update its
method for evaluating requests for major disaster declarations,
answering longstanding recommendations by the Government
Accountability Office. Finally, the bill ensures the effective
administration of Federal funds obligated towards emergency
response and grant programs through transparency and reporting
requirements.
II. Background and the Need for Legislation
Background
In 1979, President Carter issued Executive Order 12127 to
merge several Federal disaster-related agencies and create
FEMA.\1\ The statutory authority for the majority of Federal
disaster response activities draw from the Robert T. Stafford
Disaster Relief and Emergency Assistance Act,\2\ which was
signed into law November 23, 1988, and amended the Disaster
Relief Act of 1974.\3\ The law tasked FEMA with coordinating
government-wide relief efforts.\4\ FEMA operated as an
independent agency for more than twenty years until the
Homeland Security Act of 2002 merged the agency into the newly-
created Department of Homeland Security (DHS or the
Department).\5\ Since then, Congress has enacted several major
pieces of legislation to improve FEMA's organization, external
interaction, and mission execution, particularly in the wake of
catastrophic events. These include the 2006 Post-Katrina
Emergency Management Reform Act and the 2013 Sandy Recovery
Improvement Act, which both drew lessons from the disasters
that immediately preceded their enactment.\6\
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\1\Exec. Order No. 12127, 43 F.R. 41943 (1979).
\2\Pub. L. No. 100-707 (1988).
\3\Pub. L. No. 93-288 (1974); H.R. 2707, 100th Cong. Major Disaster
Relief and Emergency Assistance Amendments of 1987.
\4\Id.
\5\Pub. L. No. 107-296 (2002); H.R. 5005, 107th Cong. Homeland
Security Act of 2002.
\6\Post-Katrina Emergency Management Reform Act, Pub. L. No. 109-
295; Sandy Recovery Improvement Act, Pub. L. No. 113-2.
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In 2017, multiple major hurricanes and devastating
wildfires affected nearly 15 percent of the nation's
population.\7\ The local and Federal efforts to address these
catastrophic events provided valuable lessons-learned regarding
the need for improved pre-disaster mitigation efforts, the
limitations of state and Federal response resources, and FEMA's
overall role in the disaster response and recovery process.\8\
The Committee held two hearings to address the historic
disaster response in October 2017 and April 2018.\9\ Witness
testimony from FEMA Administrator Brock Long and Army Corps of
Engineers Major General Donald Jackson specifically highlighted
two areas for improvement: the need to better prepare
jurisdictions to respond at a state and local level, and the
need to better target pre-disaster mitigation efforts, as
evidenced by the recovery challenges their agencies faced in
Puerto Rico and Texas.\10\
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\7\FEMA: Prioritizing a Culture of Preparedness: Hearing before the
S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong. (2018)
(statement of Brock Long, Administrator, Fed. Emergency Mgmt. Agency),
available at https://www.hsgac.senate.gov/imo/media/doc/Testimony-Long-
2018-04-11.pdf.
\8\Id.
\9\2017 Hurricane Season: Oversight of the Federal Response:
Hearing before the S. Comm. on Homeland Sec. & Governmental Affairs,
115th Cong. (2017); FEMA: Prioritizing a Culture of Preparedness:
Hearing before the S. Comm. on Homeland Sec. & Governmental Affairs,
115th Cong. (2018).
\10\2017 Hurricane Season: Oversight of the Federal Response:
Hearing before the S. Comm. on Homeland Sec. & Governmental Affairs,
115th Cong. (2017) (statement of Brock Long, Administrator, Fed.
Emergency Mgmt. Agency), available at https://www.hsgac.senate.gov/imo/
media/doc/Testimony-Long-2017-10-31.pdf; (statement of Major Gen.
Donald Jackson, Deputy Commanding Gen. for Civil and Emergency
Operations: U.S. Army Corps of Engineers), available at https://
www.hsgac.senate.gov/imo/media/doc/Testimony-Robinson%20and%20Jackson-
2017-10-312.pdf.
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Congress provided an additional $136 billion through three
separate supplemental appropriations, including $120 billion in
budget authority and $16 billion in debt held by the National
Flood Insurance Fund, to facilitate the Federal response to the
2017 disasters.\11\ Such a spending rate is unsustainable. In
January 2018, the congressionally-authorized National Institute
of Building Sciences released report findings that ``society
saves $6 for every $1 spent through mitigation grants.''\12\
The under-utilized method of disaster management through
mitigation offers the potential to minimize the impact of
disasters on citizens while decreasing Federal spending.
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\11\Congressional Research Serv., 2017 Disaster Supplemental
Appropriations: Overview, CRS R45084 (Jan. 25, 2018).
\12\Nat'l Inst. of Building Sciences, Natural Hazard Mitigation
Saves: 2017 Interim Report (December 2017), available at http://
www.wbdg.org/files/pdfs/MS2_2017Interim%20Report.pdf.
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A Focus on Mitigation
This bill addresses state and local preparedness and pre-
disaster mitigation on several fronts. In 2015, the Government
Accountability Office (GAO) found that the federal government
placed far too great an emphasis on post-disaster mitigation
funding versus pre-disaster resilience efforts and recommended
that a greater balance be established between pre- and post-
disaster resilience investments.\13\ Section 32 creates a
mechanism through which the President can prioritize pre-
disaster mitigation efforts. By drawing funds equal to six
percent of specific grant funds associated with major disasters
from the Disaster Relief Fund and directing those funds towards
national priorities on a competitive basis, FEMA will invest in
high-return mitigation efforts that will save lives and Federal
tax dollars. The legislation specifically emphasizes that a
jurisdiction's proposed direct improvement in resiliency and
its efforts towards adoption of up-to-date building codes will
be considered as a basis for competition when deciding which
projects FEMA will fund. In doing so, the Committee seeks to
incentivize the adoption of current, applicable building codes,
and does not seek to prohibit a jurisdiction's authority to
amend codes based on unique local considerations.
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\13\Gov't Accountability Office, GAO-15-515, Hurricane Sandy: An
Investment Strategy Could Help the Federal Government Enhance National
Resilience for Future Disasters (2015), available at https://
www.gao.gov/products/GAO-15-515.
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Additionally, Section 38 addresses the impact on recovery
when under-insured, state-owned facilities are damaged or
destroyed by a disaster by requiring FEMA to report on the
federal cost of insufficient state self-insurance strategies.
Furthermore, in 2016, GAO found there is limited federal
assistance available to states for the purpose of seismic risk
mitigation efforts and made several recommendations to
strengthen federal mitigation earthquake efforts.\14\ Section
31 authorizes FEMA to provide assistance under the Hazard
Mitigation Grant Program and Pre-Disaster Mitigation program
for activities that help reduce the risk of future damage in
areas affected by earthquake hazards.
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\14\Gov't Accountability Office, GAO-16-680, Earthquakes:
Additional Actions Needed to Identify and Mitigate Risks to Federal
Buildings and Implement an Early Warning System (2016), available at
https://www.gao.gov/products/GAO-16-680.
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Enabling Local Response and Responsibility
The insights drawn from 2017 also informed FEMA's 2018
Strategic Plan, which focused on building a culture of
preparedness, readying the nation for catastrophic disasters,
and reducing the complexity of FEMA.\15\ The plan placed
specific emphasis on empowering local communities to serve the
primary role in disaster response, citing that ``success is
best delivered through a system that is Federally supported,
state managed, and locally executed.''\16\ Refocusing efforts
primarily at the local level requires FEMA to accurately
determine a jurisdiction's capability to respond and recover
without Federal intervention. While the Committee supports
FEMA's plans to empower local communities to respond to
disasters, it is vital that those communities be prepared and
develop actionable plans to conduct and coordinate such a
response effectively.
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\15\Fed. Emergency Mgmt. Agency, 2018-2022 Strategic Plan (2018),
available at https://www.fema.gov/media-library/assets/documents/96981.
\16\Id.
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Since the 1980s, the Federal Government has become
increasingly involved in funding and providing disaster
assistance, in part to the outdated formula that FEMA has used
to recommend to the President to declare a disaster. Under the
Stafford Act, the President may declare an emergency
declaration or major disaster declaration when the situation is
beyond the capabilities of state, local, and/or tribal
governments to respond.\17\ However, the formula that FEMA has
used to assess when to recommend to the President to declare a
disaster, currently known as the Per Capita Impact Indicator,
has resulted in an increasing number of disasters being
declared compared to prior decades, due to FEMA's failure to
regularly update the formula for inflation.\18\ As a result,
FEMA has been recommending to the President to make
declarations under the Stafford Act for events that would not
have qualified during the 1980s. In this way, FEMA's current
approach to recommending when to declare disasters is not
consistent with original congressional intent under the
Stafford Act, requiring Federal assistance to be provided when
state, local, or tribal capabilities had been overwhelmed. As
Chairman Ron Johnson explained at a hearing, ``. . . more and
more often States are looking to the Federal Government to do
what I believe was probably more suited toward State and local
response. As a result, it puts a great deal of stress on
Federal disaster resources and certainly FEMA.''\19\
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\17\44 USC Sec. 206.36.
\18\Gov't Accountability Office, GAO-12-838, Federal Disaster
Assistance, Improved Criteria Needed to Assess a Jurisdiction's
Capability to Respond and Recover on Its Own (2012), available at
https://www.gao.gov/assets/650/648162.pdf.
\19\FEMA: Prioritizing a Culture of Preparedness: Hearing before
the S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong.
(2018).
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GAO has recommended that FEMA update its process for
assessing state capacity since its 2012 report: Federal
Disaster Assistance: Improved Criteria Needed to Assess a
Jurisdiction's Capability to Respond and Recover on Its
Own.\20\ Specifically, GAO recommended that FEMA adjust its
``primary factor'' for determining disaster eligibility, the
per capita impact indicator, to properly account for
inflationary changes since its inception in 1986.\21\ GAO noted
that FEMA's failure to do so from 1986-1999 had left the
indicator ``artificially low,'' and led to a significant
increase in the annual number of major disaster declarations
since 1953.\22\
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\20\Gov't Accountability Office, GAO-12-838, Federal Disaster
Assistance, Improved Criteria Needed to Assess a Jurisdiction's
Capability to Respond and Recover on Its Own (2012).
\21\Id.
\22\Id.
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In 2014, then-Committee Ranking Member Tom Coburn released
a minority staff report on the disaster declaration process,
finding that ``nearly half of all recently declared `disasters'
would not have qualified for federal assistance in the 1980s
and 1990s.''\23\ The report also called on FEMA to ``reform the
process for recommending disaster declarations and approving
federal disaster aid,'' encouraging DHS and FEMA to ``move
swiftly to update the per-capita indicator for inflation to
cover all years since 1986.''\24\ Senator Coburn also stated,
``Congress should enact legislation to ensure disaster funding
is focused on the most serious disasters . . . those that truly
overwhelm state and local capabilities.''\25\
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\23\Ranking Member Tom Coburn, An Imperfect Storm, S. Comm. on
Homeland Sec. & Governmental Affairs, available at https://
www.hsgac.senate.gov/download/?id=5518F153-BBB6-4AFF-BCDB-F700A58479DD.
\24\Id.
\25\Id.
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Importantly, the current process for deciding when to
recommend the President issue a declaration results in fewer
resources available to provide assistance during major
emergencies. For example, on the day that Hurricane Harvey made
landfall in Texas in 2017, FEMA was actively responding to 30
different disasters across the nation.\26\ Section 37 of this
bill addresses this issue by requiring FEMA to initiate a
rulemaking to update the factors it considers when evaluating a
jurisdiction's request for a major disaster declaration,
specifically considering its method for estimating the cost of
major disaster assistance. When updating these methods, FEMA
should take into account the states' ability to reprioritize,
and consider a phased-in approach when rebalancing state and
Federal responsibilities in a manner consistent with original
congressional intent under the Stafford Act.
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\26\FEMA: Prioritizing a Culture of Preparedness: Hearing before
the S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong.
(2018).
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Similarly, this bill enables FEMA to better support state-
managed disaster efforts. It does so by reducing the number of
impediments to efficient execution of disaster response and
recovery plans and giving FEMA and its state and local partners
the tools to execute their missions. Sections 11 and 15 address
direct requests from the FEMA Administrator, presented during
its April 2018 hearing.\27\ Section 11 enables states to
administer direct housing solutions, and is intended to
expedite the acquisition and delivery of housing solutions by
leveraging state autonomy, while still maintaining
accountability for Federal dollars. Temporary and long-term
housing challenges are unique in every disaster, and the
Committee encourages the consideration of innovative housing
solutions, including the use of peer-to-peer lodging rentals
for responders and disaster victims as part of both state and
Federal strategies. Section 15 increases allowable management
costs for state and local administration of Federal disaster
relief efforts. FEMA and the Committee recognize the challenge
states face in surging capacity to manage post-disaster
activities, and intend for this investment to enable a more
effective administration of disaster response programs.\28\
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\27\Id.
\28\Id.
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Lastly, Section 22 assists FEMA in expanding and
maintaining a skilled and experienced workforce, enabling the
transition of temporary employees to career-conditional status
after three years of continuous service.
Streamlining FEMA processes
FEMA's 2018 Strategic Plan includes an objective focused on
reducing the complexity of FEMA.\29\ The Committee shares this
intention. Section 23 of the Act requires FEMA to conduct a
joint study with other applicable agencies aimed at
streamlining the post-disaster data collection process. This
study is intended to create efficiencies for disaster victims,
developing simpler, faster, and more easily understandable
processes for applying for assistance from multiple Federal
agencies. Section 21 authorizes FEMA to develop incentive
strategies to encourage jurisdictions to expeditiously closeout
their mission assignments in order to provide quicker relief to
victims and cost savings to taxpayers. Section 19 also aims to
create a more efficient process for both victims and FEMA, by
preserving the right to arbitration in lieu of appeal for
victims whose claims are estimated to be above $500,000.
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\29\Fed. Emergency Mgmt. Agency, 2018-2022 Strategic Plan (2018),
available at https://www.fema.gov/media-library/assets/documents/96981.
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Special considerations
Because every disaster presents unique challenges, this
legislation includes provisions to enable FEMA, along with its
state and local partners, to better address the unique needs
that may arise during disaster response and recovery. Section
18 allows FEMA to establish veterinary emergency teams, which
will address the unique needs of FEMA canine search teams, as
well as those animals affected by disasters.
Section 36 adds private nonprofit center-based childcare to
the list of ``critical services'' eligible for federal
assistance. The language in this section is intended to
narrowly include such facilities that support a jurisdiction's
overall ability to recover from an emergency or disaster, and
exclude those that do not necessarily contribute to broader
community response and recovery--home-based childcare for
example. Section 12 expands financial assistance eligibility
for accessibility-related rental housing and infrastructure
improvements for individuals and households with disabilities.
Section 10 preserves the President's authority to waive the
general prohibition on persons or entities from receiving
financial assistance from another program, also known as
``duplication of benefits.'' The Committee adopted language to
ensure that the default application of law is to prohibit such
duplication, and placed a 45-day time limit on the President's
ability to provide such a waiver in order to preserve the
intended progression of need-based assistance options:
encouraging individuals to utilize insurance as a primary means
of personal protection, to take small business loans if they
are uninsured, and to seek federal individual assistance grants
only as a last resort.
Section 40 requires FEMA to provide Congress with a
progress update on a National Preparedness Assessment, which
GAO recommended FEMA develop in 2010, but FEMA has yet to
complete.\30\ The assessment is intended to review security
risks and capabilities to prioritize grant dollars to needed
localities.
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\30\Gov't Accountability Office, GAO-11-318SP, Opportunities to
Reduce Potential Duplication in Government Programs, Save Tax Dollars,
and Enhance Revenue (2011), available at https://www.gao.gov/products/
GAO-11-318SP.
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Eliminating waste
The significant Federal financial investment that disaster
response missions require warrants an equally significant level
of accountability. Toward that end, this bill includes several
provisions aimed at ensuring that Federal dollars are trackable
at the grantee and sub-grantee level. Section 24 increases
transparency and accountability by requiring FEMA to document
specific information on public assistance and mission
assignment expenditures and submit a report on public
assistance recipient and sub-recipient contracts. The Committee
intends for this reporting requirement to encourage FEMA to
integrate improved sub-grantee accounting capabilities into its
accountability database software and lead to the availability
of near real-time information on sub-grantee spending. By
requiring FEMA to begin tracking this data, Congress, DHS's
Inspector General, and GAO will be able to provide greater
oversight of sub-grantee spending.
Finally, in 2012, GAO identified multiple factors that
contribute to the risk of duplication among four FEMA disaster
preparedness grant programs. As a result, GAO recommended that,
to help reduce the risk of unnecessary duplication and
strengthen the administration and oversight of these programs,
the FEMA Administrator should take steps ``to ensure that FEMA
collects project information with the level of detail needed to
better position the agency to identify any potential
unnecessary duplication within and across the four grant
programs, weighing any additional costs of collecting these
data.''\31\ GAO included this recommendation in its annual
report to Congress on duplication, overlap, and fragmentation.
Section 41 requires FEMA to provide Congress with a progress
update on FEMA's identification of ways to reduce funding
duplications within non-natural disaster preparedness grants,
as recommended by GAO.
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\31\Gov't Accountability Office, GAO-12-303, Homeland Security: DHS
Needs Better Project Information and Coordination among Four
Overlapping Grant Programs (2012), available at https://www.gao.gov/
products/GAO-12-303.
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III. Legislative History
Chairman Johnson introduced S. 3041, the Disaster Recovery
Reform Act of 2018 on June 11, 2018. The bill was referred to
the Committee on Homeland Security and Governmental Affairs.
Ranking Member Claire McCaskill joined as a cosponsor on June
26, 2018, and Senator John Kennedy joined as a cosponsor on
June 29, 2018.
The Committee considered S. 3041 at a business meeting on
June 13, 2018. Chairman Johnson offered a modified substitute
amendment that the Committee adopted by unanimous consent.
Chairman Johnson offered Johnson Amendment 1 as twice
modified. The amendment adjusts the effective date for multiple
sections of the bill to avoid unintentional retro-activity, and
requires FEMA to assess its methods for reviewing Federal
disaster declaration requests and modernize those processes
through rulemaking. That amendment was adopted by voice vote
with Senators Johnson, Portman, Lankford, Enzi, McCaskill,
Carper, Peters, Hassan, Harris, and Jones present.
Senator Peters offered Peters Amendment 1. The amendment
strikes a provision that would prohibit the President from
determining that a Small Business Administration loan is a
duplication of assistance, and precludes an individual from
receiving FEMA Individual Assistance. That amendment was
adopted by voice vote with Senators Johnson, Portman, Lankford,
Enzi, McCaskill, Carper, Peters, Hassan, Harris, and Jones
present. Senator Hassan voted ``no'' for the record.
Senators Harris and Carper offered Harris-Carper Amendment
1. The amendment would require FEMA to enter into a contract
with the National Academy of Medicine to conduct a study on
identifying best practices in determining mortality counts as a
result of major disasters. Chairman Johnson offered a second-
degree amendment to Harris-Carper Amendment 1, which would
preclude the authorization of any additional funds to conduct
the study. The Johnson second-degree amendment was adopted by a
roll call vote of 8 yeas to 7 nays. Senators Johnson, Portman,
Lankford, and Enzi voted for the amendment. Senators McCain,
Paul, Hoeven, and Daines voted in favor of the amendment by
proxy. Senators McCaskill, Carper, Peters, Hassan, Harris, and
Jones voted against the amendment. Senator Heitkamp voted
against the amendment by proxy. Harris-Carper Amendment 1 as
modified by the Johnson second-degree amendment was adopted by
a voice vote with Senators Johnson, Portman, Lankford, Enzi,
McCaskill, Carper, Peters, Hassan, Harris, and Jones present.
Seven amendments were adopted by voice vote en bloc with
Senators Johnson, Portman, Lankford, Enzi, McCaskill, Carper,
Peters, Hassan, Harris, and Jones present. Those amendments
were: Portman Amendment 1 as modified, which requires FEMA to
coordinate with state and local architect and engineer
organizations on post-disaster building safety assessment best
practices; Enzi Amendment 1, which requires the FEMA
Administrator to complete a national preparedness assessment
and report to Congress on capabilities gaps and their costs;
Enzi Amendment 2 as modified, which requires the FEMA
Administrator to report on the agency's efforts to identify and
prevent unnecessary duplication within and across the non-
natural disaster preparedness grant programs; McCaskill
Amendment 1 as amended by a Johnson Second Degree Amendment,
which extends unemployment assistance to eligible residents of
Puerto Rico and the U.S. Virgin Islands until 52 weeks after
the date of disaster declarations for Hurricanes Irma and
Maria; McCaskill Amendment 2, which required FEMA to collect
information on FEMA grant recipients and sub-recipients prior
to disaster closeouts; Harris Amendment 2, which requires FEMA
to conduct a review of the public assistance eligibility
process for underground water infrastructure associated with
major disaster declarations; and Jones Amendment 1, which
suggests FEMA conduct a study to assess the effectiveness of
evacuation routes to accommodate anticipated traffic flows in
cooperation with the Federal Highway Administration and state
and local governments.
The bill, as amended, was ordered reported favorably by a
voice vote. Senators Johnson, Portman, Lankford, Enzi,
McCaskill, Carper, Peters, Hassan, Harris, and Jones were
present.
Consistent with Committee Rule 11, the Committee reports
the bill with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title; Table of contents
This section designates the title of the bill as the
``Disaster Recovery Reform Act of 2018'' and lists the table of
contents.
Section 2. Applicability
This section sets the default application of the bill to
August 1, 2017, for all sections not otherwise noted.
Section 3. Definitions
This section establishes definitions of the terms
``administrator,'' ``agency,'' and ``state.''
Section 4. Wildfire prevention
This section permits the President to provide hazard
mitigation aid to states affected by wildfires, even when a
major disaster is not declared. A report is due within one year
of enactment summarizing projects funded under the new section.
Section 5. Additional activities
This section qualifies what activities hazard mitigation
aid recipients can conduct to mitigate against wildfire or
windstorm damage. The list of examples includes, among other
things, constructing erosion barriers, spillways, and dams.
Section 6. Code implementation enforcement
This section includes building code and floodplain
enforcement in the general Federal assistance the President may
provide during a major disaster response. In addition, the
President may contribute to wages for code implementation and
enforcement for up to six months after a major disaster.
Section 7. Program improvements
This section removes the cap on large in-lieu contributions
to public facilities (formerly 90 percent of cost-share) and
private facilities (formerly 75 percent of cost-share). This
section also prohibits FEMA from conditioning assistance on the
adoption of alternative procedures. Additionally, this section
establishes a presumption that costs incurred for a grant
project are reasonable and eligible if the project estimate was
certified by a professional engineer and accepted by FEMA.
Section 8. Prioritization of facilities
This section requires FEMA to provide annual training to
state, tribal, and local government first responders and
utility companies on providing assistance to health care
facilities during an emergency, preparing for potential power
outages, and coordinating emergency response plans.
Section 9. Guidance on evacuation routes
This section requires FEMA, in conjunction with the Federal
Highway Administration (FHA), to issue guidance to assist
states in the planning and maintenance of evacuation routes.
This section also establishes criteria FEMA should use when
creating evacuation route guidance and criteria FHA should
consider in the design and maintenance of evacuation route
guidance. Additionally, FEMA, in conjunction with the FHA, may
conduct studies to determine the capability of evacuation
routes and to assist in the creation of evacuation route
guidance.
Section 10. Duplication of benefits
After a request from a Governor on behalf of a state or
other entity or person that suffered a loss in a major
disaster, this section permits the President to waive the
general prohibition on Federal assistance being provided to a
party that has received financial assistance from another
program or source. The President must decide whether to issue
the waiver within 45 days of submission. This section is
applicable only to disaster or emergency assistance provided on
or after the date of enactment of this Act.
Section 11. State administration for direct temporary housing and
permanent housing construction
This section allows FEMA to provide block grants (100
percent cost share) to states for disaster housing assistance,
provided a state housing strategy is submitted to and approved
by the President. The strategy must outline how the state will
work with Federal organizations, local entities, and individual
survivors to meet housing needs. The strategy must also include
the creation of a State Disaster Housing Task Force to bring
national and local parties together to evaluate housing
requirements and determine solutions. Prior to approving an
application for housing assistance, the President must conduct
a quality assessment and ensure there are sufficient controls
in place to prevent waste within the requested housing
programs. Additionally, the DHS Inspector General (IG) will
periodically audit the programs. Within 18 months of enactment,
the DHS IG must submit a report to Congress regarding the role
state or tribal governments play in providing housing
assistance, their ability to provide such assistance, and the
efficacy of the assistance provided. Furthermore, within 12
months of enactment, FEMA must submit a report to Congress on
possible incentive awards to offer to state and tribal
governments to encourage participation. Finally, FEMA must
issue final regulations regarding this section within two years
of enactment.
Section 12. Assistance to individuals and households
This section clarifies that financial assistance to rent
alternative housing after a disaster will not count towards the
maximum amount of assistance available to an individual or
household, and eliminates the cap on individual financial
assistance in regards to accessibility-related expenses for
individuals with disabilities. This section is applicable only
to disaster or emergency assistance provided on or after the
date of enactment of this legislation.
Section 13. Multifamily lease repair assistance
This section allows FEMA to lease multifamily rental
properties impacted by or located in a major disaster area. It
allows FEMA to repair the rental properties in order to make
them available to meet emergency housing needs, and to deduct
the cost of repairs from the value of the lease agreement, even
if the total is greater than the value of the lease agreement.
Section 14. Private nonprofit facility
This section adds food banks to the list of private
nonprofit facilities eligible for FEMA assistance. The
applicability of this section extends to disaster or emergency
assistance provided on or after February 9, 2018.
Section 15. Management costs
This section changes the definition of management cost to
include indirect costs, direct administrative costs, and other
administrative costs. It also establishes reimbursement limits
to grantees for management costs for hazard mitigation and
public assistance programs. A grantee under the hazard
mitigation section 404 may be reimbursed up to 15 percent of
the total grant, and a grantee under public assistance sections
403, 406, 407, or 502 may be reimbursed up to 12 percent of the
total grant award.
Section 16. Flexibility
This section allows certain disaster assistance debts to be
waived 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. The debt may not be waived if the debt involves
fraud or misrepresentation. This section also places the DHS IG
in charge of determining what percentage of assistance was
distributed based on an error. Additionally, this section
establishes a statute of limitations requiring the process of
recouping any assistance to begin within 3 years of the date
the assistance was received. The section applies to disaster or
emergency assistance provided on or after January 1, 2004.
Section 17. Additional disaster assistance
When providing economic development grants after a disaster
or emergency under the Public Works and Economic Development
Act, this section allows the Secretary of Commerce to encourage
grantees to use assistance on hazard mitigation. This section
also extends the Emergency Management Assistance Compact grants
and Emergency Management Performance Grant Program through
2022.
Section 18. National veterinary emergency teams
This section establishes a pilot program allowing the
creation of veterinary emergency teams at one or more colleges.
This section also outlines the responsibilities of national
veterinary emergency teams, to include assistance for FEMA
canine search teams, care for impacted domestic and livestock
animals, and treatment of zoonotic diseases.
Section 19. Right of arbitration
This section allows applicants to request arbitration for a
dispute over $500,000 after the initiation of their first
appeal. Those applicants requesting arbitration forfeit their
right to further appeal. FEMA must issue regulations within two
years to implement this section.
Section 20. Unified federal environmental and historic preservation
review
This section requires the FEMA Administrator to review and
submit a report to Congress on the expedited interagency
environmental and historic preservation review process and
survey other agencies' categorical exclusions. This section
also requires the Administrator to issue regulations to
implement any recommendations, including categorical
exclusions, identified in the report and survey.
Section 21. Closeout incentives
This section allows the FEMA Administrator to develop
incentives that would encourage state, local, and tribal
governments to close out expenditures and activities related to
disaster or emergency assistance in a timely manner.
Additionally, FEMA must work to reduce the time to close out
disaster program awards.
Section 22. Performance of services
This section allows the FEMA Administrator to appoint
temporary employees, who have served continuously for at least
three years, to positions within FEMA in the same manner as
competitive service employees. Appointed employees become
career-conditional employees, unless they have already
completed the career tenure service requirements.
Section 23. Study to streamline & consolidate information collection
This section directs the FEMA Administrator, in conjunction
with other appropriate Federal agencies, to conduct a study and
develop a plan to make the collection of information from
disaster assistance applicants more efficient and less
burdensome. It also requires FEMA to regularly report
information on Federal disaster assistance awards to the public
via a website. FEMA, coordinating with the other appropriate
agencies, must submit the plans to comply with these
requirements to Congress within one year of enactment.
Section 24. Agency accountability
This section creates transparency in grant funding and
directs FEMA to provide regular reports on its website
regarding grant awards, disaster spending, disaster contracts,
and other related disaster activities. Within five days of an
award over $1 million being granted, FEMA is required to
publish information regarding the specifics of the award. FEMA
must also publish information on any mission assignment orders
for over $1 million. FEMA is required to update the cost
estimate of mission assignments within ten days of the end of
each month until completion of a project. Additionally, FEMA
must publish Disaster Relief Monthly Reports within ten days of
the beginning of each month, including the method and data used
to obtain the results displayed in the report. Furthermore,
FEMA must publish information, within ten days of the end of
each month, regarding contracts awarded with a value over $1
million and provide Congress with a summary report of contracts
awarded within ten days of the end of each fiscal year.
Finally, within 180 days of enactment FEMA is required to begin
collecting information on all contracts awarded for greater
than $500,000 and provide a report on this information to
Congress within 365 days of enactment.
Section 25. Audit of contracts
This section prohibits FEMA from reimbursing any contract
that prohibits the FEMA Administrator or the Comptroller
General of the United States from performing oversight or
auditing over the contract.
Section 26. Inspector general audit of FEMA contracts for tarps and
plastic sheeting
This section requires the DHS IG to audit FEMA contracts
for tarps and plastic sheeting in response to Hurricanes Irma
and Maria in Puerto Rico and the U.S. Virgin Islands, beginning
no later than 30 days after enactment. This section also
outlines what considerations the DHS IG should review during
the audit. Within 270 of commencement of the audit, the DHS IG
must provide Congress a report on his findings.
Section 27. Relief organizations
This section clarifies long-term recovery groups and
domestic hunger relief organizations as eligible organizations
that can be used to provide relief and assistance under the
Stafford Act.
Section 28. Guidance on inundated and submerged roads
This section directs FEMA to provide state, local, and
tribal governments guidance on assessing and repairing or
replacing submerged roads that were damaged or destroyed by a
disaster.
Section 29. Guidance and recommendations
This section requires FEMA to provide guidance on Federal
assistance application processes to community associations that
are providing essential services of a governmental nature. FEMA
must provide a proposal to Congress within 90 days of enactment
regarding the eligibility of community areas and cooperatives
to receive disaster assistance.
Section 30. Guidance on hazard mitigation assistance
This section requires the FEMA Administrator to provide
guidance regarding the acquisition and upkeep of properties
purchased with FEMA funds as a mitigation measure. This action
must take place within 180 days of enactment.
Section 31. Additional hazard mitigation activities
This section allows mitigation assistance funds to be spent
on seismic detection equipment aimed at earthquake early
warning.
Section 32. National public infrastructure predisaster hazard
mitigation
This section clarifies how technical and financial
assistance can be used, permitting assistance to be used to
enforce the latest codes and standards. The President is
permitted to reallocate any funds given to a state for this
purpose that are not used within three years of the initial
allocation. These reallocated funds are to be awarded to cost-
effective mitigation activities on a competitive basis. This
section allows the President to set aside funds equal to up to
six percent of declared disaster estimates and place that
amount in an account for national-level mitigation priority
projects.
Section 33. Additional mitigation activities
This section allows the President to contribute up to 75
percent of the cost of mitigation activities that are deemed
cost-effective and effective in mitigating hazards and
potential damage. The section also establishes how eligible
cost estimates are determined and clarifies code applicability
for mitigation projects. The applicable code is the latest
published codes or standards, even if they went into effect
after the time the disaster occurred. Additionally, the section
requires FEMA to issue a final rulemaking within 18 months of
enactment over the definition of the terms ``resilient'' and
``resiliency,'' with interim guidance provided within 60 days
of enactment. FEMA is required to report to Congress a summary
of the guidance issued within two years of enactment.
Section 34. Flood insurance
This section provides an exception for educational,
medical, correctional, and emergency services buildings from
the reduction of federal assistance for flood damage. It
restricts the reduction to apply only once per complex, vice
multiple per-building penalties in a single, blanket-insured
complex.
Section 35. Certain recoupment prohibited
This section requires FEMA to deem any covered disaster
assistance provided to have been properly procured. It defines
``covered disaster assistance'' as assistance resulting from a
situation in which the DHS IG determines that assistance was
based on the inaccurate advice of a FEMA Technical Assistance
contractor. This section also requires FEMA to provide funding
for the covered disaster assistance if it was previously
provided but subsequently withdrawn.
Section 36. Federal assistance to individuals and households and
nonprofit facilities
This section grants fee waivers for documents lost during
disasters, specific to passports and certain citizenship and
employment documents. This section also adds private nonprofit
center-based childcare to the list of critical facilities
eligible for Federal assistance. Within 365 days of enactment,
FEMA and other related agencies must provide Congress a report
on the costs associated with fee waivers. This section applies
to disasters declared on or after enactment.
Section 37. Cost of assistance estimates
This section requires FEMA to review and adjust the method
used in assessing eligibility for major disaster declarations
and in determining the estimated cost of assistance. FEMA must
provide a report on the matter to Congress within 270 days of
enactment. Within two years of enactment, FEMA must review the
factors considered in evaluating requests for disaster
declarations and how FEMA calculates disaster assistance cost
estimates and initiate rulemaking to update them.
Section 38. Report on insurance shortfalls
Starting within two years of enactment, this section
requires FEMA to submit a report to Congress on an annual basis
regarding instances where state self-insurance of state owned
infrastructure was insufficient to cover the cost of flood
damage.
Section 39. Post disaster building safety assessment
This section requires FEMA to work with state and local
entities to establish guidance for building safety assessments
by licensed architects and engineers post disaster. FEMA must
publish the guidance within one year of enactment. FEMA is also
required to update the National Incident Management System to
include the functions of architects, in order to ensure those
functions include assisting communities with mitigating
activities, post disaster recovery, and participating on
building safety assessment teams.
Section 40. FEMA updates on national preparedness assessment
This section requires FEMA to submit a report to Congress
providing an update on FEMA's progress in completing a national
preparedness assessment and identifying potential costs of
establishing certain disaster response capabilities. The report
must be provided within six months of enactment of this bill
and every six months after until FEMA has completed the
assessment.
Section 41. FEMA report on duplication in non-natural disaster
preparedness grant programs
This section requires FEMA to submit a report within 180
days of enactment to Congress providing information on
duplicative aspects of the non-natural disaster grant program
and efforts to prevent such duplication.
Section 42. Extension of unemployment assistance for the Commonwealth
of Puerto Rico and the United States Virgin Islands
This section requires the President to make individual
unemployment assistance available for 52 weeks after the date
of disaster declaration for the disasters declared for
Hurricane Irma and Hurricane Maria in Puerto Rico and the U.S.
Virgin Islands.
Section 43. Study and report
This section requires FEMA, in conjunction with the
National Academy of Medicine, to conduct a study on best
practices for mortality counts as a result of major disasters.
This study will focus on the timely and accurate count of
mortality and accounting of causes and how this information can
facilitate future disaster preparedness efforts. The report
must be started within 90 days of enactment and completed
within 2 years.
Section 44. Review of assistance for damaged underground water
infrastructure
This section defines the term ``public assistance grant
program'' based on sections from the bill. Within 60 days of
enactment, FEMA is required to conduct a review of grants
provided for damaged underground water infrastructure. FEMA
must provide a report on this review within 180 days of
enactment and implement any recommendations made in the report
within 180 days of its release.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3041, the Disaster
Recovery Reform Act of 2018.
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.
S. 3041--Disaster Recovery Reform Act of 2018
Summary: S. 3041 would amend and authorize appropriations
for several programs administered by the Federal Emergency
Management Agency (FEMA). CBO estimates that implementing the
bill would cost $2.4 billion over the 2019-2023 period,
assuming appropriation of the authorized and necessary amounts.
CBO estimates that enacting S. 3041 would increase direct
spending by $45 million over the 2019-2028 period and would
decrease revenues by an insignificant amount in each year.
Therefore, pay-as-you-go procedures apply.
CBO estimates that enacting S. 3041 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 3041 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 S. 3041 is shown in the following table.
The costs of the legislation fall within budget function 450
(community and regional development).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Emergency Management Grants:
Authorization Level................... 0 954 954 954 954 0 0 0 0 0 0 3,816 3,816
Estimated Outlays..................... 0 70 213 403 622 742 741 551 333 143 0 2,049 3,816
Predisaster Mitigation Fund:
Estimated Authorization Level......... 0 120 24 24 24 24 24 24 24 24 24 216 336
Estimated Outlays..................... 0 6 25 54 40 32 29 24 24 24 24 157 282
In-Lieu Public Assistance Contributions:
Estimated Authorization Level......... 0 21 21 21 21 21 21 21 21 21 21 105 210
Estimated Outlays..................... 0 21 21 21 21 21 21 21 21 21 21 105 210
Assistance for Properties without Flood
Insurance:
Estimated Authorization Level......... 0 12 12 12 12 12 12 12 12 12 12 60 120
Estimated Outlays..................... 0 7 11 12 12 12 12 12 12 12 12 54 114
Forgone Recoveries of Improper Payment:
Estimated Authorization Level......... 0 8 6 6 4 3 0 0 0 0 0 27 27
Estimated Outlays..................... 0 5 6 6 5 4 1 0 0 0 0 26 27
Wildfire Mitigation:
Estimated Authorization Level......... 0 6 6 6 6 6 6 6 6 6 6 24 54
Estimated Outlays..................... 0 * 2 3 5 6 6 6 6 6 6 16 46
Disaster Assistance Arbitration:
Estimated Authorization Level......... 0 1 1 1 1 1 1 1 1 1 1 5 10
Estimated Outlays..................... 0 * 1 1 1 1 1 1 1 1 1 4 9
Additional Reporting Requirements:
Estimated Authorization Level......... 0 2 * * * * * * * * * 2 3
Estimated Outlays..................... 0 2 * * * * * * * * * 2 3
Total Increases:
Estimated Authorization Level..... 0 1,124 1,024 1,024 1,022 67 64 64 64 64 64 4,261 4,582
Estimated Outlays................. 9 111 279 500 705 818 811 615 397 207 64 2,413 4,507
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Disaster Unemployment Assistance
Extension:
Estimated Budget Authority............ 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays..................... 0 30 0 0 0 0 0 0 0 0 0 30 30
Assistance for Properties without Flood
Insurance:
Estimated Budget Authority............ 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays..................... 0 10 4 1 0 0 0 0 0 0 0 15 15
Foregone Recoveries of Improper Payment:
Estimated Budget Authority............ 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays..................... 0 3 0 0 -1 -1 -1 0 0 0 0 1 0
Total Change:
Estimated Budget Authority........ 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays................. 0 43 4 1 -1 -1 -1 0 0 0 0 46 45
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = less than $500,000.
Basis of estimate: CBO assumes that S. 3041 will be enacted
during fiscal year 2018 and that the authorized and necessary
amounts will be appropriated for each year beginning in 2019.
Estimated outlays are based on historical spending patterns.
Spending subject to appropriation
CBO estimates that implementing S. 3041 would cost $2.4
billion over the 2019-2023 period.
Emergency Management Grants. S. 3041 would authorize the
appropriation of $950 million annually through 2022 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 2018, FEMA
allocated $350 million for such grants. S. 3041 also would
authorize the appropriation of $4 million annually through 2022
for FEMA to provide grants to the Emergency Management
Assistance Compact. The compact provides assistance when a
governor declares a disaster 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 2018, FEMA provided $2 million in such grants.
CBO estimates that providing those grants would cost about
$2.0 billion over the 2019-2023 period and an additional $1.8
billion after 2023.
Predisaster Mitigation Fund. S. 3041 would create the
National Public Infrastructure Predisaster Mitigation Fund. For
each major disaster declared 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
transferred into the proposed fund from unobligated
appropriated balances in the Disaster Relief Fund (DRF). The
new fund would be used to provide technical and financial
assistance to states and localities for hazard mitigation
designed to reduce injury, loss of life, and damage and
destruction of property.
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 declared
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 that the Congress provides similar amounts in
subsequent years, CBO estimates that $24 million (6 percent of
$400 million) would be transferred to the fund each year.
Because the provision does not change any underlying
authority to provide disaster relief, in CBOs view the
legislation implicitly authorizes the appropriation of amounts
equal to the amounts that would be transferred from the DRF to
the new fund. Thus, CBO estimates that spending under this
section would total $157 million over the 2019-2023 period.
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
percentage 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.
S. 3041 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
this section would cost $105 million over the 2019-2023 period.
Assistance for Properties without Flood Insurance. Under
current law, a public or private nonprofit facility located
within an area designated as having at least a 1 percent chance
of being flooded in any year and that is not covered by flood
insurance (either through FEMAs National Flood Insurance
Program or through a private company) will see its assistance
reduced in the event of flooding in a major disaster. In those
cases, the assistance for each building of a multi-structure
complex is reduced by the amount of insurance proceeds that
FEMA estimates the public or nonprofit entity could have
received if it were insured. Under S. 3041, that reduction in
assistance would not be applied to more than one building of a
multi-structure educational, law enforcement, correctional,
fire, or medical campus.
Using historical data provided by FEMA, CBO estimates that
implementing this section would cost $54 million over the 2019-
2023 period. The bill also would make that change retroactive
to all flooding disasters since January 2016, which would
increase direct spending as discussed below under the heading
Direct Spending.
Forgone Recoveries of Improper Payments. CBO estimates that
prohibiting FEMA from recouping certain improper payments would
reduce direct spending by $27 million over the next 10 years.
(See the discussion under the heading Direct Spending.) Under
current law, recouped amounts are deposited in the DRF and
subsequently spent on recovery costs for future disasters.
Because the provision does not change any underlying authority
to provide disaster relief, in CBOs view the bill implicitly
authorizes the appropriation of amounts equal to the forgone
funds. Thus, CBO estimates that implementing the provision
would cost $26 million over the 2019-2023 period.
Wildfire Mitigation. S. 3041 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
annual appropriations of $6 million and would cost $16 million
over the 2019-2023 period.
Disaster Assistance Arbitration. The bill would authorize
the Civilian Board of Contract Appeals to arbitrate a
determination of disaster assistance made by FEMA if an
applicant for disaster assistance requests such arbitration.
Using information from FEMA on the expected number of
arbitration requests, CBO estimates that implementing this
provision would cost $4 million over the 2019-2023 period.
Additional Reporting Requirements. S. 3041 would require
FEMA to issue six new regulations, eight new guidance
documents, and 26 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 2019-2023 period.
Direct Spending
CBO estimates that enacting S. 3041 would increase direct
spending by $45 million over the 2019-2028 period.
Disaster Unemployment Assistance Extension. S. 3041 would
direct FEMA to extend the period that people in Puerto Rico and
the U.S. Virgin Islands who were affected by Hurricanes Irma
and Maria can receive Disaster Unemployment Assistance (DUA).
Under current law, DUA can be provided for up to 26 weeks from
the date of the disaster declaration. Under the bill, that
period would be extended to 52 weeks from the declaration date
and would allow DUA to be provided retroactively to people who
would have been eligible for such assistance beyond the 26-week
period allowed under current law. Using information from FEMA
and the Department of Labor on the number of people who would
have been eligible for such assistance and the expected length
of time they could have received that assistance, CBO estimates
that enacting this provision would increase spending of
previously appropriated DRF funds by $30 million in 2019.
(Under current law, CBO estimates that those amounts would
otherwise outlay after 2028.)
Assistance for Properties without Flood Insurance. As
described above under the heading Spending Subject to
Appropriation, the bill would increase the amount of assistance
that certain public or private nonprofit entities can receive
if they suffer flood losses at multi-structure facilities that
are not covered by flood insurance. That provision would be
retroactive for flood losses that have occurred since January
2016.
Using data provided by FEMA on the amount of assistance
that was reduced for the relevant types of structures between
2016 and 2018, CBO estimates that enacting this section would
increase spending of previously appropriated DRF funds by $15
million over the 2019-2028 period. (Under current law, CBO
estimates that those amounts would otherwise outlay after
2028.)
Forgone Recoveries of Improper Payments. Under current law,
FEMA must recoup any 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 the DRF and may be spent on future disasters
without further appropriation. Under S. 3041, improper payments
made to individuals would have to be recouped within three
years of their disbursement. That limitation would not apply
where there is evidence of fraud.
The Government Accountability Office reported that about 3
percent of the approximately $1.6 billion spent by FEMA for
individual assistance 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 35 percent of those
payments have been recovered. Thus, CBO estimates that about
$27 million in improper payments for individual assistance that
are in the process of being recouped would no longer be
collected under S. 3041. 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 2019-2028 period. However, because spending lags
recoupments, there would be a $1 million cost over the 2019-
2023 period.
The bill also would allow FEMA to waive the recovery of
improper individual assistance payments on a case-by-case
basis, so long as the improper payment was not made as a result
of fraud. As of July 2018, FEMA has not identified a
significant amount of improper payments for individual
assistance that were made within the last three years.
(Improper payments made more than three years ago would be
covered by the limitation discussed above.) Furthermore, CBO
has no basis to estimate the timing or magnitude of waivers
that would be made under S. 3041 for recovery of improper
payments that have not yet been disbursed. Thus, CBO does not
estimate any additional forgone recoupments associated with the
waiver authority that would be provided under the bill.
Revenues
S. 3041 would authorize the Department of State to waive
certain fees associated with applications for the replacement
of passports if the person applying for such a document lost
their original passport in a major disaster. Portions of the
passport replacement application fee are remitted to the
Treasury and recorded in the budget as revenues. Using
information from FEMA on the number of individuals that would
qualify for such waivers, CBO estimates that any loss of
revenues from those waivers would not be significant in any
year.
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. (The
revenue effects are not significant and are not shown in the
table.)
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3041, THE DISASTER RECOVERY REFORM ACT OF 2018, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON HOMELAND
SECURITY AND GOVERNMENTAL AFFAIRS ON JUNE 13, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2018-2023 2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 43 4 1 -1 -1 -1 0 0 0 0 46 45
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 3041 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 3041 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On March 8, 2018, CBO transmitted an
estimate for H.R. 4460, the Disaster Recovery Reform Act, as
ordered reported by the House Committee on Transportation and
Infrastructure on November 30, 2017. Several of the provisions
in S. 3041 are similar to those in H.R. 4460. Differences in
CBO's estimates of the two pieces of legislation stem from
differences in the text of the legislation and new information
that CBO has obtained since we transmitted the estimate for
H.R. 4460.
Estimate prepared by: Federal costs: Robert Reese; Federal
revenues: Sunita D'Monte; Mandates: Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in 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
* * * * * * *
SEC. 102. DEFINITIONS.
As used in this Act--
(1) * * *
* * * * * * *
(11) Private nonprofit facility.--
(A) * * *
(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 social services to the
general public (including museums, zoos,
performing arts facilities, community arts
centers, community centers, libraries, homeless
shelters, senior citizen centers,
rehabilitation facilities, shelter workshops,
food banks, broadcasting facilities, houses of
worship, and facilities that provide health and
safety services of a governmental nature), as
defined by the President. No house of worship
may be excluded from this definition because
leadership or membership in the organization
operating the house of worship is limited to
persons who share a religious faith or
practice.
* * * * * * *
TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
* * * * * * *
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) * * *
(b) * * *
(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 Infrastructure Predisaster
Mitigation Fund established under subsection (i) of this
section (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)
of this section.
* * * * * * *
(e) Uses of Technical and Financial Assistance.--
(1) In general.--Technical and financial assistance
provided under this section--
(A) * * *
(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, adopt, 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) * * *
(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).
* * * * * * *
(3) Redistribution of unobligated amounts.--The
President may--
(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) * * *
* * * * * * *
(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.
* * * * * * *
[(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
Assistance.--
(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major
disaster, an amount equal to 6 percent of the estimated
aggregate amount of the grants to be made pursuant to
sections 403, 406, 407, 408, 410, 416, and 428 for the
major disaster in order to provide technical and
financial assistance under this section.
(2) Estimated aggregate amount.--Not later than 180
days after each major disaster declaration pursuant to
this Act, the estimated aggregate amount of grants for
purposes of paragraph (1) shall be determined by the
President and such estimated amount need not be
reduced, increased, or changed due to variations in
estimates.
(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406,
407, 408, 410, 416, and 428 under this Act.
[(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)] (j) Multihazard Advisory Maps.--
* * * * * * *
[(l)] (k) Report on Federal and State Administration.--* *
*
[(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;
[(3) $200,000,000 for fiscal year 2013.]
[(n)] (l) Prohibition on Earmarks.--
* * * * * * *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
* * * * * * *
SEC. 306. PERFORMANCE OF SERVICES.
(a) * * *
* * * * * * *
(c) The Administrator of the Federal Emergency Management
Agency is authorized to appoint temporary personnel, after
serving continuously for 3 years, to positions in the Federal
Emergency Management Agency in the same manner that competitive
service employees with competitive status 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. 309. USE AND COORDINATION OF RELIEF ORGANIZATIONS.
(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, domestic hunger relief, and other
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, domestic hunger relief, and other 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. 311. INSURANCE.
* * * * * * *
(d) Report on Insurance Shortfalls.--Not later than 2 years
after the date of enactment of this subsection, and each year
thereafter, the Administrator of the Federal Emergency
Management Agency shall submit a report to Congress on the
number of instances and the estimated amounts involved, by
State, for cases in which self-insurance amounts have been
insufficient to address flood damages.
* * * * * * *
SEC. 312. DUPLICATION OF BENEFITS.
(a) * * *
(b) Special Rules.--
(1) * * *
(2) * * *
(3) * * *
(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.
* * * * * * *
SEC. 322. MITIGATION PLANNING.
* * * * * * *
(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).
* * * * * * *
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] any 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 of
Federal Emergency Management Agency 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.
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 402. GENERAL FEDERAL ASSISTANCE.
In any major disaster, the President may--
(1) * * *
(2) * * *
(3) * * *
(4) assist State and local governments in the
distribution of medicine, food, and other consumable
supplies, and emergency assistance; [and]
(5) provide assistance to State and local governments
for building code and floodplain management ordinance
administration and enforcement, including inspections
for substantial damage compliance; and
[(5)] (6) provide accelerated Federal assistance and
Federal support where necessary to save lives, prevent
human suffering, or mitigate severe damage, which may
be provided in the absence of a specific request and in
which case the President--
(A) * * *
(B) * * *
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.
* * * * * * *
(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, such as--
(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;
(12) mitigating 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;
(13) removing standing burned trees; and
(14) replacing water systems that have been burned
and have caused contamination.
(g) 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 earthquake hazards, including--
(1) improvements to regional seismic networks in
support of building a capability for earthquake early
warning;
(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in
support of building a capability for earthquake early
warning.
* * * * * * *
SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) Contributions.--
(1) * * *
(2) Associated expenses.--For the purposes of this
section, associated expenses shall include--
(A) * * *
(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.--
* * * * * * *
(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,
education (including private nonprofit center-
based childcare), and emergency medical care.
* * * * * * *
(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.
* * * * * * *
(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.
* * * * * * *
(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
November 23, 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). This section shall not apply to more than 1
building of a multi-structure educational, law
enforcement, correctional, fire, or medical campus,
effective January 1, 2016.
* * * * * * *
(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.
* * * * * * *
(C) Contributions.--Contributions for the
eligible cost made under this section may be
provided on an actual cost basis or on cost-
estimation procedures.
* * * * * * *
(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, and
in consultation with the heads of relevant
Federal departments and agencies, shall issue a
final rulemaking that defines the terms
`resilient' and `resiliency' for purposes of
this subsection.
(B) Interim guidance.--Not later than 60 days
after the date of enactment of this paragraph,
the Administrator shall issue interim guidance
to implement this subsection. Such interim
guidance shall expire 18 months after the date
of enactment of this paragraph or upon issuance
of final regulations pursuant to subparagraph
(A), whichever occurs first.
(C) 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.
(D) 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.
* * * * * * *
(c) Types of Housing Assistance.--
(1) Temporary housing.--
(A) * * *
(i) * * *
(ii) * * *
(B) Direct assistance.--
(i) * * *
(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) * * *
[(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.
* * * * * * *
(e) Financial Assistance To Address Other Needs.--
(1) * * *
(2) * * *
(3) Critical document fee waiver.--
(A) In general.--Notwithstanding section 1 of
the Passport Act of June 4, 1920 (22 U.S.C.
214) or any other provision of law, the
President, in consultation with the Governor of
a State, may provide a waiver under this
section to an individual or household described
in paragraph (1) of the following document
replacement fees:
(i) The passport application fee for
individuals who lost their United
States passport.
(ii) The file search fee for a United
States passport.
(iii) The Application for Waiver of
Passport and/or Visa form (Form I-193)
fee.
(iv) The Permanent Resident Card
replacement form (Form I-90) filing
fee.
(v) The Declaration of Intention form
(Form N-300) filing fee.
(vi) The Naturalization/Citizenship
Document replacement form (Form N-565)
filing fee.
(vii) The Employment Authorization
form (Form I-765) filing fee.
(viii) The biometric service fee.
(B) Exemption from form requirement.--The
authority of the President to waive fees under
clauses (iii) through (viii) of subparagraph
(A) applies regardless of whether the
individual or household qualifies for a Form I-
912 Request for Fee Waiver, or any successor
thereto.
(C) Exemption from assistance maximum.--The
assistance limit in subsection (h) shall not
apply to any fee waived under this paragraph.
(D) Report.--Not later than 365 days after
the date of enactment of this paragraph, the
Administrator of the Federal Emergency
Management Agency and the head of any other
agency given critical document fee waiver
authority under this paragraph 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 on the costs
associated with providing critical document fee
waivers as described in subparagraph (A).
(f) State Role.--
(1) [Financial assistance to address other needs.]
State- or tribal-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 or
Tribal government 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) * * *
(3) Requirements.--
(A) Application.--A State or Tribal
government desiring to provide assistance under
subsection (c)(1)(B), (c)(4), or (e) shall
submit to the President an application for a
grant to provide financial assistance under the
program.
(B) Criteria.--The President, in consultation
and coordination with State and Tribal
governments, shall establish criteria for the
approval of applications submitted under
subparagraph (A). The criteria shall include,
at a minimum--
(i) a requirement that the State or
Tribal government submit a housing
strategy under subparagraph (C);
(ii) the demonstrated ability of the
State or Tribal government to manage
the program under this section;
(iii) there being in effect a plan
approved by the President as to how the
State or Tribal government will comply
with applicable Federal laws and
regulations and how the State or Tribal
government will provide assistance
under its plan;
(iv) a requirement that the State or
Tribal government comply with rules and
regulations established pursuant to
subsection (j); and
(v) a requirement that the President,
or the designee of the President,
comply with subsection (i).
(C) Requirement of housing strategy.--
(i) In general.--A State or Tribal
government submitting an application
under this paragraph shall have an
approved housing strategy, which shall
be developed and submitted to the
President for approval.
(ii) Requirements.--The housing
strategy required under clause (i)
shall--
(I) outline the approach of
the State in working with
Federal partners, Tribal
governments, local communities,
non-governmental organizations,
and individual disaster
survivors to meet disaster-
related sheltering and housing
needs; and
(II) include the
establishment of an activation
plan for a State Disaster
Housing Task Force, as outlined
in the National Disaster
Housing Strategy, to bring
together State, Tribal, local,
Federal, non-governmental, and
private sector expertise to
evaluate housing requirements,
consider potential solutions,
recognize special needs
populations, and propose
recommendations.
(D) 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), (c)(4), and (e). The President shall
monitor and conduct quality assurance
activities on a State or Tribal government's
implementation of programs under subsections
(c)(1)(B), (c)(4), and (e). If, after approving
an application of a State or Tribal government
submitted under this paragraph, the President
determines that the State or Tribal government
is not administering the program established by
this section in a manner satisfactory to the
President, the President shall withdraw the
approval.
(E) Audits.--The Inspector General of the
Department of Homeland Security shall provide
for periodic audits of the programs
administered by States and Tribal governments
under this subsection.
(F) 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.
(G) Report on effectiveness.--Not later than
18 months 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 on the State or
Tribal government's role to provide assistance
under this section. The report shall contain an
assessment of the effectiveness of the State or
Tribal government's role in providing
assistance under this section, including--
(i) whether the State or Tribal
government's role helped to improve the
general speed of disaster recovery;
(ii) whether the State or Tribal
government providing assistance under
this section had the capacity to
administer this section; and
(iii) recommendations for changes to
improve the program if the State or
Tribal government's role to administer
the programs should be continued.
(H) Report on incentives.--Not later than 12
months after the date of enactment of this
paragraph, the Administrator of the Federal
Emergency Management Agency 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 on a proposed
incentive structure for awards made under this
section to encourage participation by eligible
States and Tribal governments and to
potentially add cost-share requirements that
are reasonable to support increased management
by State and Tribal governments according to
this section.
(I) Prohibition.--The President may not
condition the provision of Federal assistance
under this Act on a State or Tribal government
requesting a grant under this section.
(J) Miscellaneous.--
(i) Notice and comment.--The
Administrator of the Federal Emergency
Management Agency may waive notice and
comment rulemaking with respect to
rules to carry out this section, 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 of
the Federal Emergency Management Agency
shall issue final regulations to
implement this subsection as amended by
the Disaster Recovery Reform Act of
2018.
(iii) Waiver and expiration.--The
authority under clause (i) and any
pilot program implemented pursuant to
such clause shall expire 2 years after
the date of enactment of this paragraph
or upon issuance of final regulations
pursuant to clause (ii), whichever
occurs sooner.
* * * * * * *
(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) In general.--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) Other needs assistance.--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. 420. FIRE MANAGEMENT ASSISTANCE.
(a) * * *
(b) * * *
(c) * * *
(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. 423. APPEALS OF ASSISTANCE DECISIONS.
(a) * * *
(b) * * *
(c) * * *
(d) Right of Arbitration.--
(1) In general.--Notwithstanding subsections (a),
(b), and (c), an applicant for assistance under this
title may request arbitration to dispute the
eligibility for assistance or repayment of assistance
provided for a dispute of more than $500,000. Such
arbitration shall be conducted by the Civilian Board of
Contract Appeals and the decision of such Board shall
be binding.
(2) Eligibility.--To participate in arbitration under
this subsection, an applicant may submit a request for
arbitration after the completion of the first appeal
under subsection (a) at any time before the
Administrator of the Federal Emergency Management
Agency has issued a final agency determination.
(3) Limitation of appeal.--Upon the submission of a
request for arbitration, an applicant shall forfeit all
rights to further appeal.
* * * * * * *
SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.
* * * * * * *
(d) Participation.--[Participation in]
(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.--
(1) For repair, restoration, and replacement of
damaged facilities under section 406--
* * * * * * *
(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 and eligible
costs, as long as there is no evidence of
fraud.
* * * * * * *
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 of the
Federal Emergency Management Agency shall publish on the
website of the Federal Emergency Management Agency 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
organization;
(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 of the Federal Emergency
Management Agency shall publish on the website of the
Federal Emergency Management Agency 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 Indian
Tribe;
(B) the disaster declaration for such State
or Indian 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 Indian
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 of
the Federal Emergency Management Agency 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 of the
Federal Emergency Management Agency shall publish on the
website of the Federal Emergency Management Agency 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
noncatastrophic 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, which shall
be submitted not later than the fifth day of each
month, published by the Administrator of the Federal
Emergency Management Agency on the website of the
Federal Emergency Management Agency 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 of the
Federal Emergency Management Agency shall publish on
the website of the Federal Emergency Management Agency
the specifics of each contract in excess of $1,000,000
that the Federal Emergency Management Agency enters
into, including--
(A) the name of the party;
(B) the date the contract was awarded;
(C) the amount and scope of the contract;
(D) if the contract was awarded through a
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 of the
Federal Emergency Management Agency 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.
(e) Collection of Public Assistance Recipient and
Subrecipient Contracts.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, the Administrator
of the Federal Emergency Management Agency shall
initiate efforts to begin collecting information prior
to the project closeout phase on any contract for more
than $500,000 that a public assistance recipient or
subrecipient enters into using grant monies under
section 324, 403, 406, 407, 428, or 502, to improve
oversight efforts by the Inspector General of the
Department and others, including--
(A) the name of each party;
(B) the date the contract was awarded;
(C) the amount of the contract;
(D) the scope of the contract;
(E) the period of performance for the
contract; and
(F) whether the contract was awarded through
a competitive bidding process.
(2) Report.--Not later than 365 days after the date
of enactment of this subsection, the Administrator of
the Federal Emergency Management Agency 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 on the efforts of the Federal Emergency
Management Agency to collect the information described
in paragraph (1).
* * * * * * *
TITLE VII--MISCELLANEOUS
* * * * * * *
SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
(a) Statute of Limitations.--
(1) In general.--[Except] Notwithstanding section
3716(e) of title 31, United States Code, and 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]
report for project completion as certified by the
grantee.
(2) * * *
(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] report for project
completion as certified by the grantee, 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) * * *
(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 for
project completion as certified by the grantee shall
not constitute evidence to rebut the presumption
described in paragraph (1).
(4) * * *
* * * * * * *
(d) Facilitating Closeout.--
(1) Incentives.--The Administrator of the Federal
Emergency Management Agency 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 Federal Emergency
Management 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.
* * * * * * *
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965
* * * * * * *
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
* * * * * * *
SEC. 209. GRANTS FOR ECONOMIC ADJUSTMENT
(a) * * *
* * * * * * *
(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) * * *
* * * * * * *
(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) * * *
* * * * * * *
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program, for each of fiscal
years 2018 through 2022 [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], $ 950,000,000.
* * * * * * *
DISASTER MITIGATION ACT OF 2000
* * * * * * *
TITLE II--STREAMLINING AND COST REDUCTION
* * * * * * *
SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE
DAMAGED FACILITIES.
* * * * * * *
(d) * * *
(1) * * *
(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.
* * * * * * *