Disaster Recovery Reform Act
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to modify the Predisaster Hazard Mitigation Grant Program to:
The bill authorizes the President to: (1) provide hazard mitigation assistance in any area affected by a wildfire for which assistance was provided; (2) provide incentives to invest in measures that increase readiness for, and resilience from, a future major disaster; and (3) waive Stafford Act provisions regarding duplication of benefits.
The bill amends the Stafford Act to: (1) authorize states to use federal disaster assistance to directly administer temporary and permanent housing for disaster victims, (2) increase assistance to individuals with disabilities, and (3) establish fixed rates for reimbursing states and localities for costs incurred to implement disaster recovery projects.
FEMA shall: (1) provide annual guidance and training for the prioritization of assistance to hospitals and nursing homes during a disaster; (2) issue guidance for the identification of evacuation routes; and (3) review the Unified Federal Environmental and Historic Preservation review process, improve closeout practices, and publish on its website specified information for grant awards and contracts in excess of $1 million. FEMA may establish one or more national veterinary emergency teams at accredited veterinary schools.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4460 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4460
To improve the provision of disaster and mitigation assistance to
eligible individuals and households and to eligible State, local,
Tribal, and territorial governments and certain private nonprofit
organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 28, 2017
Mr. Barletta (for himself and Mr. Johnson of Georgia) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the provision of disaster and mitigation assistance to
eligible individuals and households and to eligible State, local,
Tribal, and territorial governments and certain private nonprofit
organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Disaster Recovery
Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DISASTER MITIGATION
Sec. 101. National public infrastructure predisaster hazard mitigation.
Sec. 102. Additional mitigation activities.
Sec. 103. Wildfire prevention.
Sec. 104. Additional activities.
TITLE II--DISASTER RESPONSE AND RECOVERY
Sec. 201. Federal cost-share adjustments for repair, restoration, and
replacement of damaged facilities.
Sec. 202. Eligibility for code implementation and enforcement.
Sec. 203. Program improvements.
Sec. 204. Prioritization of facilities.
Sec. 205. Guidance on evacuation routes.
Sec. 206. Proof of insurance.
Sec. 207. Duplication of benefits.
Sec. 208. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 209. Assistance to individuals and households.
Sec. 210. Multifamily lease and repair assistance.
Sec. 211. Federal disaster assistance nonprofit fairness.
Sec. 212. Management costs.
Sec. 213. Flexibility.
Sec. 214. Additional disaster assistance.
Sec. 215. National veterinary emergency teams.
TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
Sec. 301. Unified Federal environmental and historic preservation
review.
Sec. 302. Closeout incentives.
Sec. 303. Performance of services.
Sec. 304. Study to streamline and consolidate information collection.
Sec. 305. Agency accountability.
Sec. 306. Audit of contracts.
TITLE I--DISASTER MITIGATION
SEC. 101. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public'' after ``the
National'';
(2) in subsection (e)(1)(B)--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out
enforcement activities to implement the latest
published editions of relevant consensus-based
codes, specifications, and standards that
incorporate the latest hazard-resistant designs
and establish minimum acceptable criteria for
the design, construction, and maintenance of
residential structures and facilities that may
be eligible for assistance under this Act for
the purpose of protecting the health, safety,
and general welfare of the buildings' users
against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after
``competitive basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
shall--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A),
add the amounts to any other amounts available to be
awarded on a competitive basis pursuant to paragraph
(1).'';
(4) in subsection (g)--
(A) in paragraph (9) by striking ``and'' at the
end;
(B) by redesignating paragraph (10) as paragraph
(12); and
(C) by adding after paragraph (9) the following:
``(10) the extent to which the State or local government
has facilitated the adoption and enforcement of the latest
published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish criteria for the design,
construction, and maintenance of residential structures and
facilities that may be eligible for assistance under this Act
for the purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters; and
``(11) the extent to which the assistance will fund
activities that increase the level of resiliency; and'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation Fund.--
``(1) Establishment.--The President shall establish in the
Treasury of the United States a separate account called the
National Public Infrastructure Predisaster Mitigation Fund (in
this section referred to as the `Predisaster Mitigation Fund'),
which shall be used exclusively to carry out this section, with
amounts in such account to be available until expended unless
otherwise provided.
``(2) Transfers to predisaster mitigation fund.--
``(A) In general.--There shall be deposited in the
Predisaster Mitigation Fund with respect to each
disaster declared on or after August 1, 2017, an
additional amount equal to 6 percent of the estimated
aggregate amount of grants to be made pursuant to
sections 403, 406, 407, 408, 410, and 416.
``(B) Estimated aggregate amount.--Not later than
180 days after each major disaster declaration, the
estimated aggregate amount of grants on which the
amount calculated in subparagraph (A) is based shall be
determined and need not be reduced, increased, or
changed due to variations in estimates.''; and
(6) by striking subsection (m) and redesignating subsection
(n) as subsection (m).
SEC. 102. ADDITIONAL MITIGATION ACTIVITIES.
(a) Hazard Mitigation Clarification.--Section 404(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended by striking the first sentence and inserting the
following: ``The President may contribute up to 75 percent of the cost
of hazard mitigation measures which the President has determined are
cost effective and which substantially reduce the risk of, or increase
resilience to, future damage, hardship, loss, or suffering in any area
affected by a major disaster.''.
(b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42 U.S.C.
5172(e)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting after
``section'' the following: ``for disasters declared on or after
August 1, 2017, or a disaster in which a cost estimate has not
yet been finalized for a project,'';
(2) in clause (i), by striking ``and'';
(3) in clause (ii)--
(A) by striking ``codes, specifications, and
standards'' and inserting ``the latest published
editions of relevant consensus-based codes,
specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities
that may be eligible for assistance under this Act for
the purposes of protecting the health, safety, and
general welfare of a facility's users against
disasters'';
(B) by striking ``applicable at the time at which
the disaster occurred''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(iii) in a manner that allows the
facility to meet the definition of resilient
developed pursuant to this subsection.''.
(c) New Rules.--Section 406(e) of such Act (42 U.S.C. 5172(e)) is
further amended by adding at the end the following:
``(5) New rules.--
``(A) In general.--Not later than 18 months after
the date of enactment of this paragraph, the President,
acting through the Administrator of the Federal
Emergency Management Agency, shall issue a final
rulemaking that defines the terms `resilient' and
`resiliency' for purposes of this subsection.
``(B) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
``(C) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall submit to Congress a report summarizing the
regulations and guidance issued pursuant to this
paragraph.''.
(d) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (Public Law 106-390) is amended by inserting
``(B)'' after ``except that paragraph (1)''.
SEC. 103. WILDFIRE PREVENTION.
(a) Mitigation Assistance.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a))--
(A) by inserting before the first period ``, or any
area affected by a fire for which assistance was
provided under section 420''; and
(B) in the third sentence by inserting ``or event
under section 420'' after ``major disaster'' each place
it appears; and
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears.
(c) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Administrator of the
Federal Emergency Management Agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Appropriations Committees of the Senate and the House of
Representatives a report containing a summary of any projects carried
out, and any funding provided to those projects, under subsection (d)
of section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187) (as amended by this section).
SEC. 104. ADDITIONAL ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by a
wildfire, including--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures; and
``(11) reducing hazardous fuels.''.
TITLE II--DISASTER RESPONSE AND RECOVERY
SEC. 201. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND
REPLACEMENT OF DAMAGED FACILITIES.
Section 406(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting
after paragraph (2) the following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may
provide incentives to a State or Tribal government to
invest in measures that increase readiness for, and
resilience from, a major disaster by recognizing such
investments through a sliding scale that increases the
minimum Federal share to 85 percent. Such measures may
include--
``(i) the adoption of a mitigation plan
approved under section 322;
``(ii) investments in disaster relief,
insurance, and emergency management programs;
``(iii) encouraging the adoption and
enforcement of the latest published editions of
relevant consensus-based codes, specifications,
and standards that incorporate the latest
hazard-resistant designs and establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
structures and facilities that may be eligible
for assistance under this Act for the purpose
of protecting the health, safety, and general
welfare of the buildings' users against
disasters;
``(iv) facilitating participation in the
community rating system; and
``(v) funding mitigation projects or
granting tax incentives for projects that
reduce risk.
``(B) Comprehensive guidance.--Not later than 1
year after the date of enactment of this paragraph, the
President, acting through the Administrator, shall
issue comprehensive guidance to State and Tribal
governments regarding the measures and investments that
will be recognized for the purpose of increasing the
Federal share under this section.
``(C) Report.--One year after the issuance of the
guidance required by subparagraph (B), the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report
regarding the analysis of the Federal cost shares paid
under this section.
``(D) Savings clause.--Nothing in this paragraph
prevents the President from increasing the Federal cost
share above 85 percent.''.
SEC. 202. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) base and overtime wages for extra hires to
facilitate the implementation and enforcement of
adopted building codes for a period of not more than
180 days after the major disaster is declared.''.
SEC. 203. PROGRAM IMPROVEMENTS.
(a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is
amended--
(1) in paragraph (1)(A), by striking ``90 percent of''; and
(2) in paragraph (2)(A), by striking ``75 percent of''.
(b) Participation.--Section 428(d) of such Act (42 U.S.C. 5189f) is
amended--
(1) by inserting ``(1) In general.--'' before
``Participation in''; and
(2) by adding at the end the following:
``(2) No conditions.--The President may not condition the
provision of Federal assistance under this Act on the election
by a State, Tribal, or local government, or owner or operator
of a private nonprofit facility to participate in the
alternative procedures adopted under this section.''.
(c) Certification.--Section 428(e)(1) of such Act (42 U.S.C.
5189f(e)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) Cost estimates.--Once certified by a
professionally licensed engineer and accepted by the
Administrator, the estimates on which grants made
pursuant to this section are based shall be presumed to
be reasonable, eligible, and actual costs as long as
there is no evidence of fraud.''.
SEC. 204. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
provide guidance and training on an annual basis to State, Tribal, and
local governments, first responders, and utility companies on--
(1) the need to prioritize assistance to hospitals, nursing
homes, and other long-term care facilities to ensure that such
health care facilities remain functioning or return to
functioning as soon as practicable during power outages caused
by natural hazards, including severe weather events; and
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency.
SEC. 205. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Administrator of the Federal Highway Administration, shall
develop and issue guidance for State, local, and Tribal
governments regarding the identification of evacuation routes.
(2) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall revise existing
guidance or issue new guidance as appropriate for State, local,
and Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(b) Considerations.--
(1) Identification.--In developing the guidance under
subsection (a)(1), the Administrator of the Federal Emergency
Management Agency shall consider--
(A) whether evacuation routes have resisted impacts
and recovered quickly from disasters, regardless of
cause;
(B) the need to evacuate special needs populations,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare
centers, mobile home parks, prisons, nursing
homes and other long-term care facilities, and
detention centers;
(iii) individuals with limited-English
proficiency;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless;
(C) the sharing of information and other public
communications with evacuees during evacuations;
(D) the sheltering of evacuees, including the care,
protection, and sheltering of animals;
(E) the return of evacuees to their homes; and
(F) such other items the Administrator considers
appropriate.
(2) Design, construction, maintenance, and repair.--In
revising or issuing guidance under (a)(2), the Administrator of
the Federal Highway Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal Land Management
Agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator considers
appropriate.
SEC. 206. PROOF OF INSURANCE.
A State shall be deemed to have proven that an applicant has
satisfied the purchase of insurance requirements under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) when an encumbrance requiring the purchase and maintenance of
insurance has been placed on the title of the property receiving the
benefit of the grant or assistance. This section in no way removes or
reduces the insurance requirements on an applicant under the Act and in
no way limits the requirement that assistance provided under such Act
be reduced or eliminated when the requirements are not met.
SEC. 207. DUPLICATION OF BENEFITS.
(a) In General.--Section 312(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by
adding at the end the following:
``(4) Waiver of general prohibition.--
``(A) In general.--The President may waive the
general prohibition provided in subsection (a) upon
request of a Governor on behalf of the State or on
behalf of a person, business concern, or any other
entity suffering losses as a result of a major disaster
or emergency, if the President finds such waiver is in
the public interest and will not result in waste,
fraud, or abuse. In making this decision, the President
may consider the following:
``(i) The recommendations of the
Administrator of the Federal Emergency
Management Agency made in consultation with the
Federal agency or agencies administering the
duplicative program.
``(ii) If a waiver is granted, the
assistance to be funded is cost effective.
``(iii) Equity and good conscience.
``(iv) Other matters of public policy
considered appropriate by the President.
``(B) Grant or denial of waiver.--A request under
subparagraph (A) shall be granted or denied not later
than 45 days after submission of such request.
``(C) Prohibition on determination that loan is a
duplication.--Notwithstanding subsection (c), in
carrying out subparagraph (A), the President may not
determine that a loan is a duplication of assistance,
provided that all Federal assistance is used toward a
loss suffered as a result of the major disaster or
emergency.''.
(b) Funding of a Federally Authorized Water Resources Development
Project.--
(1) Eligible activities.--Notwithstanding section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155) and its implementing regulations,
assistance provided pursuant to section 404 of such Act may be
used to fund activities authorized for construction within the
scope of a federally authorized water resources development
project of the Army Corps of Engineers if such activities are
also eligible activities under such section.
(2) Federal funding.--All Federal funding provided under
section 404 pursuant to this subsection shall be applied toward
the Federal share of such project.
(3) Non-federal match.--All non-Federal matching funds
required under section 404 pursuant to this subsection shall be
applied toward the non-Federal share of such project.
(4) Total federal share.--Funding provided under section
404 pursuant to this subsection may not exceed the total
Federal share for such project.
(5) No effect.--Nothing in this subsection shall--
(A) affect the cost share requirement of a hazard
mitigation measure under section 404;
(B) affect the eligibility criteria for a hazard
mitigation measure under section 404;
(C) affect the cost share requirements of a
federally authorized water resources development
project; and
(D) affect the responsibilities of a non-Federal
interest with respect to the project, including those
related to the provision of lands, easements, rights-
of-way, dredge material disposal areas, and necessary
relocations.
SEC. 208. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY
HOUSING AND PERMANENT HOUSING CONSTRUCTION.
Section 408(f) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
(1) in paragraph (1), by striking the paragraph heading and
inserting ``State-administered assistance and other needs
assistance.--'';
(2) in paragraph (1)(A)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e) if the
President and the State comply, as determined by the
Administrator, with paragraph (3)'';
(3) in paragraph (1)(B)--
(A) by striking ``financial''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (c)(1)(B), (c)(4), and (e)''; and
(4) by adding at the end the following:
``(3) In general.--
``(A) Application.--A State desiring to provide
assistance under subsections (c)(1)(B) and (c)(4) shall
submit to the President an application for the
delegation of the authority to administer the program.
``(B) Criteria.--The President, in consultation and
coordination with States and local governments, shall
establish criteria for the approval of applications
submitted under subparagraph (A). The criteria shall
include, at a minimum--
``(i) the demonstrated ability of the State
to manage the program under this section;
``(ii) there being in effect a plan
approved by the President as to how the State
will comply with applicable Federal laws and
regulations and how the State will provide
assistance under its plan;
``(iii) a requirement that the State or
local government comply with rules and
regulations established pursuant to subsection
(j); and
``(iv) a requirement that the President, or
the designee of the President, comply with
subsection (i).
``(C) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President, shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for this program and for programs under
subsections (c)(1)(B) and (c)(4). The President shall
monitor and conduct quality assurance activities on a
State's implementation of programs under subsections
(c)(1)(B) and (c)(4). If, after approving an
application of a State submitted under this section,
the President determines that the State is not
administering the program established by this section
in a manner satisfactory to the President, the
President shall withdraw the approval.
``(D) Audits.--The Office of the inspector general
shall provide for periodic audits of the programs
administered by States under this subsection.
``(E) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of
the programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(F) Report.--Not later than 1 year after the date
of enactment of this paragraph, the inspector general
of the Department of Homeland Security shall submit a
report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the State role to provide
assistance under this section. The report shall contain
an assessment of the effectiveness of the State's role
to provide assistance under this section, including--
``(i) whether the State's role helped to
improve the general speed of disaster recovery;
``(ii) whether the States providing
assistance under this section had the capacity
to administer this section; and
``(iii) recommendations for changes to
improve the program if the State's role to
administer the programs should be continued.
``(G) Prohibition.--The President may not condition
the provision of Federal assistance under this Act by a
State, Tribal, or local government requesting a grant
under this section.
``(H) Miscellaneous.--
``(i) Notice and comment.--The
Administrator may waive notice and comment
rulemaking, if the Administrator determines
doing so is necessary to expeditiously
implement this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator shall issue final regulations
to implement this subsection as amended by the
Disaster Recovery Reform Act.
``(iii) Waiver and expiration.--The
authority under clause (i) and any pilot
program implemented pursuant to such clause
shall expire 2 years after date of enactment of
this paragraph or upon issuance of final
regulations pursuant to clause (ii), whichever
occurs sooner.''.
SEC. 209. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
(1) in paragraph (1), by inserting ``, excluding financial
assistance to rent alternate housing accommodations under
subsection (c)(1)(A)(i) and financial assistance to address
other needs under subsection (e)'' after ``disaster'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive under
subsection (e) shall be equivalent to the amount set forth in
paragraph (1) with respect to a single major disaster.'';
(4) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
(5) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Exclusion of necessary expenses for individuals with
disabilities.--
``(A) The maximum amount of assistance established
under paragraph (1) shall exclude expenses to repair or
replace damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of subsection (c)
for individuals with disabilities.
``(B) The maximum amount of assistance established
under paragraph (2) shall exclude expenses to repair or
replace accessibility-related personal property under
subsection (e)(2) for individuals with disabilities.''.
SEC. 210. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.
(a) Lease and Repair of Rental Units for Temporary Housing.--
Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is
amended to read as follows:
``(II) Improvements or repairs.--
Under the terms of any lease agreement
for property entered into under this
subsection, the value of the
improvements or repairs shall be
deducted from the value of the lease
agreement.''.
(b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
``(aa) enter into lease
agreements with owners of
multifamily rental property
impacted by a major disaster or
located in areas covered by a
major disaster declaration to
house individuals and
households eligible for
assistance under this section;
and''.
(c) Inspector General Report.--Not later than 2 years after the
date of the enactment of this Act, the inspector general of the
Department of Homeland Security shall assess the use of the authority
provided under section 408(c)(1)(B) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)),
including the adequacy of any benefit-cost analysis done to justify the
use of this alternative, and submit a report on the results of that
review to the appropriate committees of Congress.
SEC. 211. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.
(a) Definition of Private Nonprofit Facility.--Section 102(11)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(11)(B)) is amended to read as follows:
``(B) Additional facilities.--In addition to the
facilities described in subparagraph (A), the term
`private nonprofit facility' includes any private
nonprofit facility that provides essential services of
a governmental nature to the general public (including
museums, zoos, performing arts facilities, community
arts centers, community centers, houses of worship
exempt from taxation under section 501(c) of the
Internal Revenue Code of 1986, libraries, homeless
shelters, senior citizen centers, rehabilitation
facilities, shelter workshops, and facilities that
provide health and safety services of a governmental
nature), as defined by the President.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at
the end the following:
``(C) Houses of worship.--A church, synagogue,
mosque, temple, or other house of worship, and a
private nonprofit facility operated by a religious
organization, shall be eligible for contributions under
paragraph (1)(B), without regard to the religious
character of the facility or the primary religious use
of the facility.''.
(c) Applicability.--This section and the amendments made by this
section shall apply to the provision of assistance in response to a
major disaster or emergency declared on or after October 28, 2012.
SEC. 212. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a) by striking ``any administrative
expense, and any other expense not directly chargeable to'' and
inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by striking ``establish'' and inserting the
following: ``implement the following:''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide the following percentage rates, in addition to the
eligible project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 213. FLEXIBILITY.
(a) Definition.--In this section, the term ``covered assistance''
means assistance provided--
(1) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared
by the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver Authority.--Notwithstanding section 3716(e) of title 31,
United States Code, the Administrator of the Federal Emergency
Management Agency--
(1) subject to paragraph (2), may waive a debt owed to the
United States related to covered assistance provided to an
individual or household if--
(A) the covered assistance was distributed based on
an error by the Federal Emergency Management Agency;
(B) there was no fault on behalf of the debtor; and
(C) the collection of the debt would be against
equity and good conscience; and
(2) may not waive a debt under paragraph (1) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
(c) Monitoring of Covered Assistance Distributed Based on Error.--
(1) In general.--The inspector general of the Department of
Homeland Security shall monitor the distribution of covered
assistance to individuals and households to determine the
percentage of such assistance distributed based on an error.
(2) Removal of waiver authority based on excessive error
rate.--If the inspector general determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Federal Emergency
Management Agency exceeds 4 percent of the total amount of
covered assistance distributed--
(A) the inspector general shall notify the
Administrator and publish the determination in the
Federal Register; and
(B) with respect to any major disaster declared by
the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) after the date of the determination,
the authority of the Administrator to waive debt under
subsection (b) shall no longer be effective.
SEC. 214. ADDITIONAL DISASTER ASSISTANCE.
(a) Disaster Mitigation.--Section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding
at the end the following:
``(e) Disaster Mitigation.--In providing assistance pursuant to
subsection (c)(2), if appropriate and as applicable, the Secretary may
encourage hazard mitigation in assistance provided pursuant to such
subsection.''.
(b) Emergency Management Assistance Compact Grants.--Section 661(d)
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
761(d)) is amended by striking ``for fiscal year 2008'' and inserting
``for each of fiscal years 2018 through 2022''.
(c) Emergency Management Performance Grants Program.--Section
662(f) of the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 762(f)) is amended by striking ``the program'' and all that
follows through ``2012'' and inserting ``the program, for each of
fiscal years 2018 through 2022''.
(d) Technical Amendment.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a)
is amended by striking the second subparagraph (J).
SEC. 215. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency may establish one or more national veterinary
emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.--A national veterinary emergency team shall--
(1) deploy with a team of the National Urban Search and
Rescue Response System to assist with--
(A) veterinary care of canine search teams;
(B) locating and treating companion animals,
service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic
diseases;
(2) recruit, train, and certify veterinary professionals,
including veterinary students, in accordance with an
established set of plans and standard operating guidelines to
carry out the duties associated with planning for and
responding to emergencies as described in paragraph (1);
(3) assist State, Tribal, and local governments and
nonprofit organizations in developing emergency management and
evacuation plans that account for the care and rescue of
animals and in improving local readiness for providing
veterinary medical response during a disaster; and
(4) coordinate with the Department of Homeland Security,
the Department of Health and Human Services, the Department of
Agriculture, State, Tribal, and local governments (including
State departments of animal and human health), veterinary and
health care professionals, and volunteers.
TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall review the Unified Federal Environmental and
Historic Preservation review process established pursuant to section
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001--01.
SEC. 302. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement this section.
SEC. 303. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency
is authorized to appoint temporary personnel, after serving
continuously for 1 year, to positions in the Agency in the same manner
that competitive service employees are considered for transfer,
reassignment, or promotion to such positions. An individual appointed
under this subsection shall become a career-conditional employee,
unless the employee has already completed the service requirements for
career tenure.''.
SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of information
from disaster assistance applicants and grantees will be
modified, streamlined, expedited, efficient, flexible,
consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
and
(2) submit the plan to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 305. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator shall publish on the Agency's website the
specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any mission
assignment or mission assignment task order to another Federal
department or agency regarding a major disaster in excess of
$1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or
Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if
applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Tribe
requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator shall publish on the
Agency's website reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year;
``(B) the unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1;
``(C) the amount of obligations for non-
catastrophic events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the fifth
day of each month:
``(A) A summary of the amount of appropriations
made available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity
delineated by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category
(including emergency measures and disaster
resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount of the contract, the scope of the
contract;
``(D) if the contract was awarded through
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 306. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of
the Federal Emergency Management Agency shall not reimburse a State,
Tribe, or local government or the owner or operator of a private
nonprofit facility for any activities made pursuant to a contract
entered into after August 1, 2017, that prohibits the Administrator or
the Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Subcommittee on Economic Development, Public Buildings and Emergency Management Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 115-1098, Part I.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 115-1098, Part I.
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Committee on Financial Services discharged.
Committee on Financial Services discharged.
Placed on the Union Calendar, Calendar No. 850.