[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9750 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9750
To authorize the President to provide disaster assistance to States and
Indian Tribes under a major disaster recovery program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2024
Mr. Rouzer (for himself and Mr. Graves of Louisiana) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To authorize the President to provide disaster assistance to States and
Indian Tribes under a major disaster recovery program, 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 ``Natural Disaster
Recovery Program Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Natural Disaster Recovery Program.
Sec. 3. Unmet needs assistance.
Sec. 4. Further considerations for disaster declarations.
Sec. 5. Repair and rebuilding.
Sec. 6. FEMA Emergency Home Repair Program.
Sec. 7. Appeals of individuals and households program benefits.
Sec. 8. Report to Congress on major disaster declarations.
Sec. 9. Review by Comptroller General.
Sec. 10. Use of excess funds for management costs.
Sec. 11. GAO study on timing of closing out disaster recovery.
SEC. 2. NATURAL DISASTER RECOVERY PROGRAM.
(a) In General.--The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding
at the end of title IV the following:
``SEC. 431. NATURAL DISASTER RECOVERY PROGRAM.
``(a) Natural Disaster Recovery Reserve Fund.--
``(1) In general.--There is established in the Treasury of
the United States an account to be known as the Natural
Disaster Recovery Reserve Fund (in this section referred to as
the `Fund').
``(2) Amounts.--The Fund shall consist of--
``(A) any amounts appropriated, and deposited in
the Fund, for a specific major disaster declared under
section 401; and
``(B) amounts deposited into the Fund pursuant to
paragraph (4).
``(3) Use of funds.--Amounts in the Fund shall be
available, pursuant to a declaration of a major disaster--
``(A) to States and Indian tribal governments for
unmet need related to a major disaster is declared
under section 401; and
``(B) with respect to grantees that have been
allocated assistance for such unmet need, for technical
assistance and capacity building under subsection
(c)(2) to facilitate planning and increase capacity to
administer assistance under this section.
``(4) Unused amounts.--If any amounts made available for
assistance under this section to grantees remain unexpended on
the earlier of--
``(A) the date that the grantee of such amounts
notifies the President that the grantee has completed
all activities; or
``(B) except as provided in paragraph (5), the
expiration of the 6-year period beginning when the
President obligates such amounts to the grantee, the
President shall transfer such unexpended amounts to the
Secretary of the Treasury for deposit into the Fund,
except that the President may permit the grantee to
retain amounts needed to close out the grant.
``(5) Extension of period for use of funds.--The period
under paragraph (4)(B) may be extended by not more than 4 years
if, before the expiration of such 6-year period, the President
waives this requirement and submits a written justification for
such waiver to the Committees on Appropriations of the House of
Representatives and the Senate that specifies the period of
such extension.
``(b) Assessment of Unmet Need.--
``(1) In general.--To assess unmet need with respect to a
major disaster under section, not later than 90 days after the
declaration of such a disaster, the President shall coordinate
with other Federal agencies, as determined appropriate and
including the Administrator of the Small Business
Administration, to obtain data on all recovery needs and the
amount of such recovery needs that are unmet, including--
``(A) all data on damage caused by the disaster;
``(B) information on how any Federal assistance
provided in connection with the disaster has been
expended;
``(C) information on the effect of the disaster on
education, transportation capabilities and dependence,
housing needs, health care capacity, and displacement
of persons; and
``(D) the extent of the unmet need remaining in
relation to such disaster.
``(2) Public availability.--The President shall make
publicly available the data described in paragraph (1) for any
major disaster for which assistance is provided from the Fund
under this section.
``(3) Protection of personally identifiable information.--
In carrying out this subsection, the President and any
recipient of funds under this section shall take such actions
as may be necessary to ensure that personally identifiable
information regarding recipients of assistance provided under
this section is not made publicly available by any agency with
which information is shared pursuant to this subsection.
``(c) Administrative Costs.--
``(1) In general.--A State or Indian tribal government
receiving a grant under this section may use not more than 13
percent of the amount of grant funds received, or within such
other percentage as may be established pursuant to subparagraph
(B), for administrative costs, including costs related to
audits, reviews, oversight, evaluation, and investigations.
``(2) Discretion to establish sliding scale.--The President
may establish a series of percentage limitations on the amount
of grant funds received that may be used by a grantee for
administrative costs, but only if--
``(A) such percentage limitations are based on the
amount of grant funds received by a grantee; and
``(B) such series provides that the percentage that
may be used is lower for grantees receiving a greater
amount of grant funds and such percentage that may be
used is higher for grantees receiving a lesser amount
of grant funds.
``(3) Technical assistance; capacity building.--From funds
made available for use under this section, the President may
provide--
``(A) necessary technical assistance to grantees to
ensure grantees are compliant with Federal law; and
``(B) capacity building assistance, including
assistance regarding contracting and procurement
processes, including providing solicitation and
contractual templates that conform to Federal
requirements for use by grantees.
``(d) Allocation, Process, and Procedures; Coordination.--
``(1) Allocation.--
``(A) In general.--The President shall allocate
funds under this section proportionally to grantees
based on their level of unmet need as determined under
subsection (b).
``(B) Grantee use of funds.--Each grantee--
``(i) shall be solely responsible for
determining how funds provided under this
section are prioritized and expended; and
``(ii) shall not be required to provide an
action or spending plan to the President before
or after funds are allocated.
``(C) Limitation.--Notwithstanding section 312, a
loan shall not--
``(i) be considered a duplication of
benefits with funds provided by a Federal
agency; or
``(ii) limit or otherwise impact the
ability of a recipient to receive any other
Federal assistance.
``(2) Procedure for provision of funds.--An entity awarded
a grant under this section shall be provided an initial amount
that equals 50 percent of total grant amount allocated under
paragraph (1). To be eligible for the remaining 50 percent of
the allocation, a grantee shall submit to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Inspector General
of the United States a report containing--
``(A) a detailed description of how such amount was
spent; and
``(B) a certification from an auditor of the State
or Indian tribal government that none of the funds were
wasted or used inappropriately.
``(3) Requirements.--Each State and Indian tribal
government that receives funds under this section shall
establish or adhere to existing guidelines for procurement
processes and procedures and require that subgrantees--
``(A) provide for full and open competition and
require cost or price analysis;
``(B) specify methods of procurement and their
applicability, but not allow cost-plus-a-percentage-of
cost or percentage-of-construction-cost methods of
procurement;
``(C) include standards of conduct governing
employees engaged in the award or administration of
contracts; and
``(D) ensure that all purchase orders and contracts
include any clauses required by Federal statute,
Executive order, or implementing regulation.
``(e) Funding.--Any funds provided under this section--
``(1) shall supplement and not supplant any other
assistance provided by the President or any other Federal
agency in response to a major disaster; and
``(2) may not be considered a duplication of assistance.
``(f) Environmental Review.--Any Federal agency or recipient of
funds received under this section that fund or use funds to supplement
funds provided under section 402, 403, 404, 406, 407, 408(c)(4), 428,
or 502 may adopt, without review or public comment, any environmental
review, approval, or permit performed by a Federal agency.
``(g) Best Practices.--The President shall identify best practices
for grantees on issues including developing action plans, establishing
financial controls, building grantee technical and administrative
capacity, procurement, and use of grant funds as local match for other
sources of Federal funding. Not later than 1 year after the date of
enactment of this section, the President shall publish a compilation of
such identified best practices and share with all relevant grantees to
facilitate a more efficient and effective disaster recovery process.
``(h) Definitions.--In this section:
``(1) State auditor.--The term `State auditor' means the
individual selected by the Governor or head of an Indian tribal
government to submit a certification in accordance with
subsection (d)(2)(A)(ii).
``(2) Unmet need.--The term `unmet need'--
``(A) means any necessary expenses for activities
related to disaster relief, resiliency, long-term
recovery, restoration of infrastructure and housing,
mitigation, and economic revitalization related to a
major disaster declared by the President under section
401; and
``(B) may include--
``(i) any unresourced item, support, or
assistance that has been assessed and verified
as necessary for a survivor to recover from a
major disaster, including food, clothing,
shelter, first aid, emotional and spiritual
care, household items, home repair, or
rebuilding; and
``(ii) cleaning and removing debris from
rivers, creeks, streams, and ditches''.
(b) Limitation.--No amounts made available by an appropriations Act
that provide funding for any activity not authorized by law for the
program established under section 431 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (as added by this Act) may
be expended.
SEC. 3. UNMET NEEDS ASSISTANCE.
(a) In General.--Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by
adding at the end the following:
``SEC. 432. UNMET NEEDS ASSISTANCE.
``(a) In General.--In any major disaster, the Governor or the Chief
Executive of the Indian tribal government may request a grant from the
President to provide assistance to meet unmet needs resulting from a
major disaster.
``(b) Funding.--
``(1) Amount of funding.--The President may set aside from
the Disaster Relief Fund, with respect to each major disaster,
an amount equal to 10 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 406 and 408 of
the major disaster in order to provide technical and financial
assistance under this section and such amounts shall be deemed
to be related to activities carried out pursuant to major
disasters under this Act.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declared 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, 406, 407, 408, 410,
416, and 428 under this Act.
``(c) Unmet Needs.--A State or Indian tribal government may use
unmet needs grants to provide assistance, in addition to other
assistance made available under this Act, for the following unmet needs
resulting from a major disaster:
``(1) Disaster-related home repair and rebuilding financial
assistance to families for permanent housing purposes,
including in conjunction with eligible expenditures under
section 408.
``(2) Disaster-related unmet needs of families who are
unable to obtain adequate assistance from other sources.
``(3) Other disaster-related services that alleviate human
suffering and promote the well-being of disaster victims.
``(4) Economic and business activities (including food and
agriculture) after a disaster to implement post-disaster
economic recovery measures, including planning and technical
assistance for long-term economic recovery plans,
infrastructure improvements, business or infrastructure
financing, market or industry research, and other activities
authorized under a comprehensive economic development strategy.
``(d) Accounting and Fiscal Controls.--
``(1) In general.--Not later than 6 months after receipt of
funds and every 6 months thereafter until all such funds are
expended, each State or Indian tribal government receiving such
funds shall submit to the Administrator a report that
includes--
``(A) the criteria established for determining how
the funds are spent;
``(B) the allocation of such funds; and
``(C) the process for public notice and comment.
``(2) Administrative costs.--A State or Indian tribal
government that receives funds under this section may expend
not more than 5 percent of the amount of such funds for the
administrative costs of providing financial assistance to
individuals and households in the State.''.
(b) Applicability.--This section and the amendments made by this
section shall apply to funds appropriated on or after the date of
enactment of this Act.
SEC. 4. FURTHER CONSIDERATIONS FOR DISASTER DECLARATIONS.
(a) In General.--In making recommendations to the President
regarding the declaration of a major disaster or emergency pursuant to
section 401 or 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 5191) or the proposed non-
Federal share of the cost of carrying out activities with assistance
provided under such Act, the Administrator of the Federal Emergency
Management Agency shall give greater weight and consideration to severe
local impact resulting from such disaster or emergency and, in the 5-
year period preceding such disaster or emergency, whether multiple
other disasters or emergencies have occurred in the affected area.
(b) Revisions to Guidance, Policies, and Regulations.--The
Administrator shall take such actions as are necessary to revise any
policies, guidance, or regulations of the Agency to implement
subsection (a).
(c) Report.--Not later than 1 year after the date of enactment of
this section, 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 on the implementation of this section and shall include
in such report a description of--
(1) changes made to guidance, policies, or regulations
pursuant to subsection (b); and
(2) the number of major disasters and emergencies that have
been declared pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act based on the
criteria described in subsection (a).
SEC. 5. REPAIR AND REBUILDING.
(a) In General.--Section 408(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Repairs.--
``(A) Financial assistance for repairs.--The
President may provide financial assistance for the
repair of owner-occupied private residences, utilities,
and residential infrastructure (such as a private
access route) damaged by a major disaster, or with
respect to individuals with disabilities, rendered
inaccessible by a major disaster.
``(B) Direct assistance for repairs.--
``(i) In general.--The President may
provide direct assistance to individuals and
households who are unable to make use of
financial assistance under subparagraph (A) and
when there is a lack of available resources,
for--
``(I) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster, or with respect to
individuals with disabilities, rendered
inaccessible by a disaster; and
``(II) eligible hazard mitigation
measures that reduce the likelihood and
future damage to such residences,
utilities, and infrastructure.
``(ii) Eligibility.--A recipient of
assistance under this subparagraph shall not be
eligible for assistance under paragraph (1),
unless otherwise determined by the
Administrator.
``(iii) Coordination with other
assistance.--Assistance allowed under this
paragraph may be used in coordination with
other sources for the repair and rebuilding of
an owner-occupied residence.
``(C) Relationship to other assistance.--A
recipient of assistance provided under this paragraph
shall not be required to show that the assistance can
be met through other means, except insurance
proceeds.''; and
(2) in paragraph (4) by striking ``in cases in which'' and
all that follows through the end of the paragraph and inserting
``if the President considers it a cost effective alternative to
other housing solutions, including the costs associated with
temporary housing provided under this section, and long-term
rebuilding costs associated with section 431.''.
(b) Eligibility.--Section 408(b)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is
amended--
(1) by striking ``rendered uninhabitable'' and inserting
``damaged by a major disaster''; and
(2) by striking ``uninhabitable, as a result of damage
caused by a major disaster'' and inserting ``damaged by a major
disaster''.
(c) Applicability.--This section and the amendments made by this
section shall apply to funds appropriated on or after the date of
enactment of this Act.
SEC. 6. FEMA EMERGENCY HOME REPAIR PROGRAM.
(a) In General.--Section 403(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (I) by striking ``and'' at the
end;
(B) in subparagraph (J) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(K) minor repairs up to habitability of owner-
occupied homes damaged by the disaster in order for
survivors to safely shelter in place, subject to the
availability of appropriations.''; and
(2) by adding at the end the following:
``(5) Sheltering and housing options.--Not later than 15
days after a declaration of a major disaster, the Federal
coordinating officer shall identify all sheltering and housing
options available under this section or section 408 to a State
Governor, or the designated State coordinating officer.
``(6) Definitions.--In this subsection, the term `minor
repairs up to habitability' means the minimum standards for
permanent housing described in section 576.403(c) of title 24,
Code of Federal Regulations (or successor regulations).''.
(b) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall issue final regulations to implement the amendments made
by this section.
SEC. 7. APPEALS OF INDIVIDUALS AND HOUSEHOLDS PROGRAM BENEFITS.
(a) Period of Assistance.--Clauses (iii) and (iv) of section
408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by striking ``18-
month period'' and inserting ``24-month period''.
(b) Appeals.--The Administrator shall revise section 206.115 of
title 44, Code of Federal Regulations, to require the Federal Emergency
Management Agency to provide to any applicant who appeals a
determination of eligibility of assistance--
(1) any documentation used to make such determination,
including any inspection documents that exist;
(2) a description of--
(A) the reasons for such determination; and
(B) recommended steps that could be taken to remedy
a determination of ineligibility, including, as
applicable, a list of additional documentation that the
applicant may provide; and
(3) any inspection documents that exist not later than 10
days after the completion of the inspection.
(c) Applicability.--This section and the amendment made by this
section shall apply to funds appropriated on or after the date of
enactment of this Act.
SEC. 8. REPORT TO CONGRESS ON MAJOR DISASTER DECLARATIONS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report containing the following information with respect to each major
disaster declared pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during
the 5-year period preceding such date of enactment:
(1) The process used by the Federal Emergency Management
Agency to determine individual household need.
(2) An itemization of the most common reasons for denial of
individual and household assistance pursuant to section 408 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174).
(3) The rate of appeals of denial of such assistance.
(4) The amount of time the Agency takes to issue a decision
regarding eligibility for individual assistance, disaggregated
by each such major disaster.
(5) Information on the use of Disaster Legal Services and
the number of applicants who were eligible for such services.
(6) The total number of Disaster Legal Services volunteers
as of such date of enactment.
(7) The number of such volunteers who were activated for
each such major disaster.
(8) The amount of time taken after the declaration of each
such major disaster to set up disaster recovery centers that
provide access to individual assistance.
(9) The number of disaster recovery centers opened for each
such major disaster.
(10) The process used for selecting the location of such
disaster recovery centers.
(11) The average amount of time disaster recovery centers
remained open.
(12) The average amount of time individual survivors spend
at such centers.
(13) A description of outreach efforts in low-income,
rural, and underserved communities regarding the availability
of assistance provided by the Federal Emergency Management
Agency under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
SEC. 9. REVIEW BY COMPTROLLER GENERAL.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a review of the fiscal controls of States that
receive assistance under section 431 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by
section 3; and
(2) make recommendations regarding the program established
under such section to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 10. USE OF EXCESS FUNDS FOR MANAGEMENT COSTS.
(a) In General.--Section 324 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly; and
(B) in the matter preceding clause (i), as so
redesignated, by striking ``provide the following
percentage rates'' and inserting ``provide--
``(A) excess funds for management costs as
described in subsection (c); and
``(B) the following percentage rates'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Use of Excess Funds for Management Costs.--
``(1) Definition.--In this subsection, the term `excess
funds for management costs' means the difference between--
``(A) the amount of the applicable specific
management costs authorized under subsection (b)(1) and
subsection (b)(2)(B); and
``(B) as of the date on which the grant award is
closed, the amount of funding for management costs
activities expended by the grantee or subgrantee
receiving the financial assistance for costs described
in subparagraph (A).
``(2) Availability of excess funds for management costs.--
The President may make available to a grantee or subgrantee
receiving financial assistance under section 403, 404, 406,
407, or 502 any excess funds for management costs.
``(3) Use of funds.--Excess funds for management costs made
available to a grantee or subgrantee under paragraph (2) may be
used for--
``(A) activities associated with building capacity
to prepare for, recover from, or mitigate the impacts
of a major disaster or emergency declared under section
401 or 501, respectively; and
``(B) management costs associated with any--
``(i) major disaster;
``(ii) emergency;
``(iii) disaster preparedness measure; or
``(iv) mitigation activity or measure
authorized under section 203, 204, 205, or 404.
``(4) Availability.--Excess funds for management costs made
available to a grantee or subgrantee under paragraph (2) shall
remain available to the grantee or subgrantee until the date
that is 5 years after the date on which the excess funds for
management costs are made available under paragraph (2).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any grant award in relation to a major disaster
or emergency declared under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191)--
(1) the declaration of which is made on or after the date
of enactment of this Act; and
(2) that is funded with amounts appropriated on or after
the date of enactment of this Act.
(c) GAO Study.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report--
(1) on the actual management costs described in section 324
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) during the period of a major
disaster declaration under section 401 of such Act (42 U.S.C.
5170) to determine whether the amount set aside for those
management costs after the date of enactment of this Act is
appropriate; and
(2) that includes the management costs described in section
324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) for each disaster declared
under during the period of a major disaster declaration under
section 401 of such Act (42 U.S.C. 5170) during the 5-year
period preceding the date of the report, the amount set aside
for those management costs, the use of those management costs,
the length of each disaster, and the reason for the length of
each disaster.
(d) No Additional Funds.--No additional funds are authorized to be
appropriated to carry out the amendments made by subsection (a).
SEC. 11. GAO STUDY ON TIMING OF CLOSING OUT DISASTER RECOVERY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on how long it takes the Administrator of the Federal Emergency
Management Agency to officially close out each major disaster declared
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) pursuant to section 705 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205).
<all>