[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5067 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5067
To improve individual assistance provided by the Federal Emergency
Management Agency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2024
Mr. Peters (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To improve individual assistance provided by the Federal Emergency
Management Agency, and for other purposes.
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 Survivors
Fairness Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repair and rebuilding.
Sec. 3. Direct assistance.
Sec. 4. State-managed housing pilot authority.
Sec. 5. Management costs.
Sec. 6. Funding for online guides for post-disaster assistance.
Sec. 7. Individual assistance dashboard.
Sec. 8. FEMA reports.
Sec. 9. Sheltering of emergency response personnel.
Sec. 10. Improved rental assistance.
Sec. 11. GAO report on preliminary damage assessments.
Sec. 12. Applicability.
Sec. 13. GAO report to Congress on challenges under public assistance
alternative procedures.
(c) Definitions.--Except as otherwise provided, the terms used in
this Act have the meanings given such terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
SEC. 2. REPAIR AND REBUILDING.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Hazard mitigation.--
``(A) In general.--The President may provide
financial assistance to an individual or household
whose primary residence, utility, or residential
infrastructure is damaged by a major disaster for cost-
effective hazard mitigation measures that reduce, in
future disasters--
``(i) threats to life and property; or
``(ii) future damage to such residence,
utility, or infrastructure.
``(B) Relationship to other assistance.--A
recipient of assistance provided under this paragraph
shall not be required to show that the assistance can
be met through other means, except insurance
proceeds.''; and
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``, financial
assistance for hazard mitigation under subsection
(c)(5)(A),'' after ``subsection (c)(1)(A)(i)'';
(B) in paragraph (3), by striking ``paragraphs (1)
and (2)'' and inserting ``paragraphs (1), (2), and
(5)''; and
(C) by adding at the end the following:
``(5) Hazard mitigation.--The maximum financial assistance
any individual or household may receive under subsection (c)(5)
shall be equivalent to the amount set forth in paragraph (1)
with respect to a single major disaster.''.
SEC. 3. DIRECT ASSISTANCE.
(a) In General.--Section 408(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)), as amended by
section 2 of this Act, is further amended by striking paragraph (2) and
inserting the following:
``(2) Repairs.--
``(A) Financial assistance for repairs.--The
President may provide financial assistance for the
repair of owner-occupied private residences, utilities,
and residential infrastructure (such as a private
access route) damaged by a major disaster, or with
respect to individuals with disabilities, rendered
inaccessible by a major disaster.
``(B) Direct assistance for repairs.--
``(i) In general.--The President may
provide direct assistance to individuals and
households who are unable to make use of
financial assistance under subparagraph (A) and
when there is a lack of available resources,
for--
``(I) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster, or with respect to
individuals with disabilities, rendered
inaccessible by a disaster; and
``(II) eligible hazard mitigation
measures that reduce the likelihood and
future damage to such residences,
utilities, and infrastructure.
``(ii) Eligibility.--A recipient of
assistance under this subparagraph shall not be
eligible for assistance under paragraph (1),
unless otherwise determined by the President.
``(C) Relationship to other assistance.--A
recipient of assistance provided under this paragraph
shall not be required to show that the assistance can
be met through other means, except insurance
proceeds.''.
(b) State- or Indian Tribal Government-Administered Assistance and
Other Needs Assistance.--Section 408(f) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is
amended--
(1) by striking ``subsections (c)(1)(B), (c)(4), and (e)''
each place it appears and inserting ``paragraphs (1)(B),
(2)(B), and (4) of subsection (c) and subsection (e)''; and
(2) in paragraph (3)(A) by striking ``subsection (c)(1)(B),
(c)(4), or (e)'' and inserting ``paragraph (1)(B), (2)(B), or
(4) of subsection (c) or subsection (e)''.
SEC. 4. STATE-MANAGED HOUSING PILOT AUTHORITY.
(a) In General.--Section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (f)(3)--
(A) in subparagraph (A)--
(i) by striking ``A State'' and inserting
the following:
``(i) In general.--A State''; and
(ii) by adding at the end the following:
``(ii) Transparency.--The President shall
make public the criteria used to evaluate
applications under clause (i) and determine if
a State or Indian tribal government meets the
criteria described in subparagraph (B) to
administer grants described in paragraph
(1)(A).'';
(B) in subparagraph (C)(ii)--
(i) in subclause (I), by striking ``; and''
and inserting a semicolon;
(ii) in subclause (II), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(III) outline the approach of the
State or Indian tribal government to
help disaster survivors create a
permanent housing plan; and
``(IV) outline the approach of the
State or Indian tribal government to
provide individual disaster survivors
some choice of communities and
properties, as practicable.'';
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G), (H), (I),
and (J) as subparagraphs (F), (G), (H), and (I),
respectively; and
(E) in subparagraph (I), as so redesignated--
(i) in clause (ii) by striking ``Not later
than 2 years after the date of enactment of
this paragraph, the'' and inserting ``The'';
and
(ii) in clause (iii) by striking ``2
years'' and inserting ``10 years''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) Disaster assistance.--In the case of assistance
provided under paragraph (1)(B), (2)(B), or (4) of subsection
(c), the Federal share shall be not less than 75 percent.''.
(b) GAO Assessment.--Upon the expiration of the authority to carry
out section 408(f) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(f)) as a pilot program, the
Comptroller General of the United States shall issue a report on the
effectiveness, successes, and challenges of any pilot program carried
out pursuant to such section and make recommendations on how to improve
the provision of assistance under such section.
SEC. 5. MANAGEMENT COSTS.
(a) In General.--Section 324(b)(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(b)(2)) is
amended by adding at the end the following:
``(C) Individual assistance.--A grantee under
section 408(f) may be reimbursed not more than 12
percent of the total award amount under such
section.''.
(b) Administrative Costs.--Section 408(f)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174),
as amended by section 3(b) of this Act, is further amended--
(1) by striking ``(A) Grant to state.--'' and all that
follows through ``subsection (g),'' and inserting ``Subject to
subsection (g),''; and
(2) by striking subparagraph (B).
SEC. 6. FUNDING FOR ONLINE GUIDES FOR POST-DISASTER ASSISTANCE.
(a) Use of Services of Other Agencies.--Section 201(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131(a)) is amended--
(1) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(8) post-disaster assistance.''.
(b) Grants for Online Guides for Assistance.--Section 201 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131) is amended by adding at the end the following:
``(e) Funding for Online Guides for Assistance.--
``(1) In general.--The Administrator of the Federal
Emergency Management Agency may provide funding to a State
agency established under subsection (c) to establish, update,
or operate a website to provide information relating to post-
disaster recovery funding and resources to a community or an
individual impacted by a major disaster or emergency.
``(2) Management.--A website established, updated, or
operated under this subsection shall be--
``(A) managed by the State agency to which funding
is provided under paragraph (1); and
``(B) suitable for the residents of the State of
the State agency.
``(3) Content.--The Administrator may provide funding to a
State agency under this subsection to establish a website that
contains only 1 or more of the following:
``(A) A list of Federal, State, and local sources
of post-disaster recovery funding or assistance that
may be available to a community after a major disaster
or emergency.
``(B) A list of Federal, State, and local sources
of post-disaster recovery funding or assistance that
may be available to an individual impacted by a major
disaster or emergency.
``(C) A technical guide that lists and explains the
costs and benefits of alternatives available to a
community to mitigate the impacts of a major disaster
or emergency and prepare for sequential hazards, such
as flooding after a wildfire.
``(4) Cooperation.--A State agency that receives funding
under this subsection shall cooperate with the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of
Housing and Urban Development, the Administrator of the Small
Business Administration, and the Administrator of the Federal
Emergency Management Agency in establishing, updating, or
operating a website under this subsection.
``(5) Updates.--A State agency that receives funding to
establish, update, or operate a website under this subsection
shall update the website not less than once every 6 months.
``(6) Termination of authority.--The authority provided
under this subsection shall terminate 1 year after the first
date on which appropriations are made on or after the date of
enactment of this subsection to carry out this subsection.''.
SEC. 7. INDIVIDUAL ASSISTANCE DASHBOARD.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 431. INDIVIDUAL ASSISTANCE DASHBOARD.
``(a) In General.--Not later than 90 days after a declaration by
the President that a major disaster exists under section 401, the
Administrator of the Federal Emergency Management Agency shall publish
on a website of the Agency an interactive web tool displaying the
following information with respect to such major disaster:
``(1) The number of applications for assistance under
section 408, including a description of the number of
applications for assistance related to housing under such
section and the number of applications for assistance to
address other needs under section 408(e).
``(2) The number of applications for such assistance that
are approved.
``(3) The number of applications for such assistance that
are denied.
``(4) A ranked list of the reasons for the denial of such
applications, including the number of applications for each
reason for denial.
``(5) If available, the dollar amount of assistance
provided pursuant to section 408 to applicants who are--
``(A) property owners with a household annual
income--
``(i) above the national median household
income; and
``(ii) below the national median household
income; and
``(B) renters with a household annual income--
``(i) above the national median household
income; and
``(ii) below the national median household
income.
``(6) The estimated percentage of residential property that
was destroyed as a result of the major disaster, if available.
``(7) Any other information that the Administrator of the
Federal Emergency Management Agency determines to be relevant.
``(b) Personally Identifiable Information.--The Administrator of
the Federal Emergency Management Agency shall ensure that none of the
information published under subsection (a) contains the personally
identifiable information of an applicant.''.
SEC. 8. FEMA REPORTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator of
the Federal Emergency Management Agency shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes, with respect to the most recent fiscal
year--
(1) the average amount of individual assistance and
individual and household assistance provided under section 408
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) to, and the rate of denial of
individual assistance and individual and household assistance
provided under such section for--
(A) all individuals;
(B) households;
(C) individuals and households with a reported
annual income under 75 percent of the national median
household income;
(D) individuals with a reported annual income over
125 percent of the national median household income;
and
(E) individuals with a reported annual income
between 75 percent and 125 percent of the national
median household income; and
(2) an explanation for any factors causing an increase in
the rate of denial of the assistance described in paragraph
(1), if applicable.
(b) Information Required.--In the report submitted under subsection
(a), the Administrator shall describe the number of homeowners and the
number of renters for each category of individuals and households
described in subparagraphs (C) through (E) of subsection (a)(1).
(c) First Report.--The first report required to be submitted under
subsection (a) after the date of enactment of this Act shall include
the information required under this section with respect to fiscal year
2016 and each fiscal year thereafter through the most recent fiscal
year ending before the date of enactment of this Act.
SEC. 9. SHELTERING OF EMERGENCY RESPONSE PERSONNEL.
Section 403 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the
following:
``(e) Sheltering of Emergency Response Personnel.--
``(1) In general.--For any major disaster for which the
President has authorized emergency protective measures for an
area within the jurisdiction of a State, Indian tribal
government, or local government, the Administrator may
reimburse the State, Indian tribal government, or local
government for costs relating to sheltering emergency response
personnel, including individuals that are a part of the same
predisaster household as such personnel, in exclusive-use
congregate or non-congregate settings if the Governor of the
State or chief executive of the Indian tribal government or
local government determines that the damage or disruption to
such area is of such a magnitude as to disrupt the provision of
emergency protective measures within such area.
``(2) Limitation of assistance.--
``(A) In general.--The Administrator may only
reimburse a State, Indian tribal government, or local
government for the costs of sheltering emergency
response personnel under paragraph (1) for such a
period of time as the Administrator determines
reasonable based on the individual characteristics of
and impacts to the affected area, including the extent
of damage, the availability of alternative housing
options, the availability of utilities, and disruptions
to transportation infrastructure.
``(B) Maximum duration of reimbursement.--The
period of reimbursement under subparagraph (A) may not
exceed the 6-month period beginning on the date on
which the incident period ends.
``(3) Definition.--In this subsection, the term `emergency
response personnel' means--
``(A) employees or contracted employees providing
law enforcement, fire suppression, rescue, emergency
medical, emergency management, or emergency
communications services; and
``(B) elected officials, except members of
Congress, responsible for the overseeing or directing
emergency response operations or recovery
activities.''.
SEC. 10. IMPROVED RENTAL ASSISTANCE.
(a) In General.--Section 408(c)(1)(A)(ii) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(c)(1)(A)(ii)) is amended by inserting ``, including local post-
disaster rent increases,'' after ``accommodation provided''.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Emergency Management Agency,
in consultation with appropriate Federal entities and stakeholders
involved in disaster housing, shall conduct a study to examine the
unique challenges of renters when seeking Federal disaster assistance
and any disparities of assistance provided to homeowners and renters
pursuant to section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) and develop a plan that
addresses any identified challenges and disparities, including any
recommendations for legislative action.
(c) Report to Congress.--Upon completion of the activities carried
out under subsection (b), the Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Transportation and
Infrastructure, the Committee on Financial Services, and the Committee
on Small Business of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing the study and recommendations required under subsection (b).
SEC. 11. GAO REPORT ON PRELIMINARY DAMAGE ASSESSMENTS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the practices, including the accuracy of such
practices, that the Federal Emergency Management Agency uses when
conducting preliminary damage assessments for the purposes of providing
assistance under section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174).
(b) Contents.--The Comptroller General of the United States shall
include in the study conducted under subsection (a) the following:
(1) A comparison of the process and procedures used by the
Federal Emergency Management Agency to complete preliminary
damage assessments to the process and procedures used by
private insurance companies following a major disaster.
(2) A review of training provided to individuals conducting
preliminary damage assessments.
(3) A comparison of damage estimates for homes owned by
individuals above the national median income to homes owned by
individuals at or below the national median income.
SEC. 12. APPLICABILITY.
The amendments made by sections 2, 3, 5, 6, and 9 shall only apply
to amounts appropriated on or after the date of enactment of this Act.
SEC. 13. GAO REPORT TO CONGRESS ON CHALLENGES UNDER PUBLIC ASSISTANCE
ALTERNATIVE PROCEDURES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the challenges to States and territories of the
United States in obtaining assistance under section 428 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5189f).
(b) Contents.--In conducting the study described in subsection (a),
the Comptroller General of the United States shall study the challenges
for assistance described in subsection (a) faced by the following:
(1) Rural areas, as such term is defined in section
423(d)(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189a(d)(4)).
(2) Small impoverished communities, as such term is defined
in section 203(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(a)).
(3) Other communities, areas, or individuals that the
Comptroller General determines pertinent.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing the results of the study
required under subsection (a).
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