Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress }                                         { Rept. 115-1098
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                         {     Part 1

======================================================================



 
                      DISASTER RECOVERY REFORM ACT
                                _______
                                

 December 21, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4460]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4460) to improve the provision of 
disaster and mitigation assistance to eligible individuals and 
households and to eligible State, local, Tribal, and 
territorial governments and certain private nonprofit 
organizations, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    15
Background and Need for Legislation..............................    15
Hearings.........................................................    19
Legislative History and Consideration............................    21
Committee Votes..................................................    21
Committee Oversight Findings.....................................    24
New Budget Authority and Tax Expenditures........................    24
Congressional Budget Office Cost Estimate........................    24
Performance Goals and Objectives.................................    29
Advisory of Earmarks.............................................    29
Duplication of Federal Programs..................................    29
Disclosure of Directed Rule Makings..............................    29
Federal Mandate Statement........................................    29
Preemption Clarification.........................................    29
Advisory Committee Statement.....................................    29
Applicability of Legislative Branch..............................    30
Section-by-Section Analysis of Legislation.......................    30
Changes in Existing Law Made by the Bill, as Reported............    33

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Disaster Recovery 
Reform Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--DISASTER MITIGATION

Sec. 101. National public infrastructure predisaster hazard mitigation.
Sec. 102. Additional mitigation activities.
Sec. 103. Wildfire prevention.
Sec. 104. Additional activities.

                TITLE II--DISASTER RESPONSE AND RECOVERY

Sec. 201. Federal cost-share adjustments for repair, restoration, and 
replacement of damaged facilities.
Sec. 202. Eligibility for code implementation and enforcement.
Sec. 203. Program improvements.
Sec. 204. Prioritization of facilities.
Sec. 205. Guidance on evacuation routes.
Sec. 206. Proof of insurance.
Sec. 207. Duplication of benefits.
Sec. 208. State administration of assistance for direct temporary 
housing and permanent housing construction.
Sec. 209. Assistance to individuals and households.
Sec. 210. Multifamily lease and repair assistance.
Sec. 211. Federal disaster assistance nonprofit fairness.
Sec. 212. Management costs.
Sec. 213. Flexibility.
Sec. 214. Additional disaster assistance.
Sec. 215. National veterinary emergency teams.
Sec. 216. Dispute resolution pilot program.
Sec. 217. Emergency relief.

      TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY

Sec. 301. Unified Federal environmental and historic preservation 
review.
Sec. 302. Closeout incentives.
Sec. 303. Performance of services.
Sec. 304. Study to streamline and consolidate information collection.
Sec. 305. Agency accountability.
Sec. 306. Audit of contracts.
Sec. 307. Inspector general audit of FEMA contracts for tarps and 
plastic sheeting.
Sec. 308. Relief organizations.
Sec. 309. Guidance on inundated and submerged roads.

                      TITLE I--DISASTER MITIGATION

SEC. 101. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.

  Section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) is amended--
          (1) in subsection (c) by inserting ``Public'' after ``the 
        National'';
          (2) in subsection (e)(1)(B)--
                  (A) by striking ``or'' at the end of clause (ii);
                  (B) by striking the period at the end of clause (iii) 
                and inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(iv) to establish and carry out enforcement 
                        activities to implement the latest published 
                        editions of relevant consensus-based codes, 
                        specifications, and standards that incorporate 
                        the latest hazard-resistant designs and 
                        establish minimum acceptable criteria for the 
                        design, construction, and maintenance of 
                        residential structures and facilities that may 
                        be eligible for assistance under this Act for 
                        the purpose of protecting the health, safety, 
                        and general welfare of the buildings' users 
                        against disasters.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by inserting ``for mitigation 
                activities that are cost effective'' after 
                ``competitive basis''; and
                  (B) by adding at the end the following:
          ``(3) Redistribution of unobligated amounts.--The President 
        shall--
                  ``(A) withdraw amounts of financial assistance made 
                available to a State (including amounts made available 
                to local governments of a State) under this subsection 
                that remain unobligated by the end of the third fiscal 
                year after the fiscal year for which the amounts were 
                allocated; and
                  ``(B) in the fiscal year following a fiscal year in 
                which amounts were withdrawn under subparagraph (A), 
                add the amounts to any other amounts available to be 
                awarded on a competitive basis pursuant to paragraph 
                (1).'';
          (4) in subsection (g)--
                  (A) in paragraph (9) by striking ``and'' at the end;
                  (B) by redesignating paragraph (10) as paragraph 
                (12); and
                  (C) by adding after paragraph (9) the following:
          ``(10) the extent to which the State or local government has 
        facilitated the adoption and enforcement of the latest 
        published editions of relevant consensus-based codes, 
        specifications, and standards that incorporate the latest 
        hazard-resistant designs and establish criteria for the design, 
        construction, and maintenance of residential structures and 
        facilities that may be eligible for assistance under this Act 
        for the purpose of protecting the health, safety, and general 
        welfare of the buildings' users against disasters;
          ``(11) the extent to which the assistance will fund 
        activities that increase the level of resiliency; and'';
          (5) by striking subsection (i) and inserting the following:
  ``(i) National Public Infrastructure Predisaster Mitigation Fund.--
          ``(1) Establishment.--The President shall establish in the 
        Treasury of the United States a separate account called the 
        National Public Infrastructure Predisaster Mitigation Fund (in 
        this section referred to as the `Predisaster Mitigation Fund'), 
        which shall be used exclusively to carry out this section, with 
        amounts in such account to be available until expended unless 
        otherwise provided.
          ``(2) Transfers to predisaster mitigation fund.--
                  ``(A) In general.--There shall be deposited in the 
                Predisaster Mitigation Fund with respect to each 
                disaster declared on or after August 1, 2017, an 
                additional amount equal to 6 percent of the estimated 
                aggregate amount of grants to be made pursuant to 
                sections 403, 406, 407, 408, 410, and 416.
                  ``(B) Estimated aggregate amount.--Not later than 180 
                days after each major disaster declaration, the 
                estimated aggregate amount of grants on which the 
                amount calculated in subparagraph (A) is based shall be 
                determined and need not be reduced, increased, or 
                changed due to variations in estimates.''; and
          (6) by striking subsection (m) and redesignating subsection 
        (n) as subsection (m).

SEC. 102. ADDITIONAL MITIGATION ACTIVITIES.

  (a) Hazard Mitigation Clarification.--Section 404(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(a)) is amended by striking the first sentence and inserting the 
following: ``The President may contribute up to 75 percent of the cost 
of hazard mitigation measures which the President has determined are 
cost effective and which substantially reduce the risk of, or increase 
resilience to, future damage, hardship, loss, or suffering in any area 
affected by a major disaster.''.
  (b) Eligible Cost.--Section 406(e)(1)(A) of such Act (42 U.S.C. 
5172(e)(1)(A)) is amended--
          (1) in the matter preceding clause (i), by inserting after 
        ``section,'' the following: ``for disasters declared on or 
        after August 1, 2017, or a disaster in which a cost estimate 
        has not yet been finalized for a project,'';
          (2) in clause (i), by striking ``and'';
          (3) in clause (ii)--
                  (A) by striking ``codes, specifications, and 
                standards'' and inserting ``the latest published 
                editions of relevant consensus-based codes, 
                specifications, and standards that incorporate the 
                latest hazard-resistant designs and establish minimum 
                acceptable criteria for the design, construction, and 
                maintenance of residential structures and facilities 
                that may be eligible for assistance under this Act for 
                the purposes of protecting the health, safety, and 
                general welfare of a facility's users against 
                disasters'';
                  (B) by striking ``applicable at the time at which the 
                disaster occurred''; and
                  (C) by striking the period at the end and inserting 
                ``; and''; and
          (4) by adding at the end the following:
                          ``(iii) in a manner that allows the facility 
                        to meet the definition of resilient developed 
                        pursuant to this subsection.''.
  (c) New Rules.--Section 406(e) of such Act (42 U.S.C. 5172(e)) is 
further amended by adding at the end the following:
          ``(5) New rules.--
                  ``(A) In general.--Not later than 18 months after the 
                date of enactment of this paragraph, the President, 
                acting through the Administrator of the Federal 
                Emergency Management Agency, shall issue a final 
                rulemaking that defines the terms `resilient' and 
                `resiliency' for purposes of this subsection.
                  ``(B) Guidance.--Not later than 90 days after the 
                date on which the Administrator issues the final 
                rulemaking under this paragraph, the Administrator 
                shall issue any necessary guidance related to the 
                rulemaking.
                  ``(C) Report.--Not later than 2 years after the date 
                of enactment of this paragraph, the Administrator shall 
                submit to Congress a report summarizing the regulations 
                and guidance issued pursuant to this paragraph.''.
  (d) Conforming Amendment.--Section 205(d)(2) of the Disaster 
Mitigation Act of 2000 (Public Law 106-390) is amended by inserting 
``(B)'' after ``except that paragraph (1)''.

SEC. 103. WILDFIRE PREVENTION.

  (a) Mitigation Assistance.--Section 420 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is 
amended--
          (1) by redesignating subsection (d) as subsection (e); and
          (2) by inserting after subsection (c) the following:
  ``(d) Hazard Mitigation Assistance.--Whether or not a major disaster 
is declared, the President may provide hazard mitigation assistance in 
accordance with section 404 in any area affected by a fire for which 
assistance was provided under this section.''.
  (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
          (1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by 
        section 102(a) of this Act)--
                  (A) by inserting before the first period ``, or any 
                area affected by a fire for which assistance was 
                provided under section 420''; and
                  (B) in the third sentence by inserting ``or event 
                under section 420'' after ``major disaster'' each place 
                it appears; and
          (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by inserting 
        ``or event under section 420'' after ``major disaster'' each 
        place it appears.
  (c) Reporting Requirement.--Not later than 1 year after the date of 
enactment of this Act and annually thereafter, the Administrator of the 
Federal Emergency Management Agency shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate, the Committee 
on Transportation and Infrastructure of the House of Representatives, 
and the Appropriations Committees of the Senate and the House of 
Representatives a report containing a summary of any projects carried 
out, and any funding provided to those projects, under subsection (d) 
of section 420 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5187) (as amended by this section).

SEC. 104. ADDITIONAL ACTIVITIES.

  Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
  ``(f) Use of Assistance.--Recipients of hazard mitigation assistance 
provided under this section and section 203 may use the assistance to 
conduct activities to help reduce the risk of future damage, hardship, 
loss, or suffering in any area affected by a wildfire or windstorm, 
including--
          ``(1) reseeding ground cover with quick-growing or native 
        species;
          ``(2) mulching with straw or chipped wood;
          ``(3) constructing straw, rock, or log dams in small 
        tributaries to prevent flooding;
          ``(4) placing logs and other erosion barriers to catch 
        sediment on hill slopes;
          ``(5) installing debris traps to modify road and trail 
        drainage mechanisms;
          ``(6) modifying or removing culverts to allow drainage to 
        flow freely;
          ``(7) adding drainage dips and constructing emergency 
        spillways to keep roads and bridges from washing out during 
        floods;
          ``(8) planting grass to prevent the spread of noxious weeds;
          ``(9) installing warning signs;
          ``(10) establishing defensible space measures;
          ``(11) reducing hazardous fuels; and
          ``(12) windstorm damage, including replacing or installing 
        electrical transmission or distribution utility pole structures 
        with poles that are resilient to extreme wind and combined ice 
        and wind loadings for the basic wind speeds and ice conditions 
        associated with the relevant location.''.

                TITLE II--DISASTER RESPONSE AND RECOVERY

SEC. 201. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND 
                    REPLACEMENT OF DAMAGED FACILITIES.

  Section 406(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting 
after paragraph (2) the following:
          ``(3) Increased federal share.--
                  ``(A) Incentive measures.--The President may provide 
                incentives to a State or Tribal government to invest in 
                measures that increase readiness for, and resilience 
                from, a major disaster by recognizing such investments 
                through a sliding scale that increases the minimum 
                Federal share to 85 percent. Such measures may 
                include--
                          ``(i) the adoption of a mitigation plan 
                        approved under section 322;
                          ``(ii) investments in disaster relief, 
                        insurance, and emergency management programs;
                          ``(iii) encouraging the adoption and 
                        enforcement of the latest published editions of 
                        relevant consensus-based codes, specifications, 
                        and standards that incorporate the latest 
                        hazard-resistant designs and establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of residential 
                        structures and facilities that may be eligible 
                        for assistance under this Act for the purpose 
                        of protecting the health, safety, and general 
                        welfare of the buildings' users against 
                        disasters;
                          ``(iv) facilitating participation in the 
                        community rating system; and
                          ``(v) funding mitigation projects or granting 
                        tax incentives for projects that reduce risk.
                  ``(B) Comprehensive guidance.--Not later than 1 year 
                after the date of enactment of this paragraph, the 
                President, acting through the Administrator, shall 
                issue comprehensive guidance to State and Tribal 
                governments regarding the measures and investments that 
                will be recognized for the purpose of increasing the 
                Federal share under this section.
                  ``(C) Report.--One year after the issuance of the 
                guidance required by subparagraph (B), the 
                Administrator shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report 
                regarding the analysis of the Federal cost shares paid 
                under this section.
                  ``(D) Savings clause.--Nothing in this paragraph 
                prevents the President from increasing the Federal cost 
                share above 85 percent.''.

SEC. 202. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.

  Section 406(a)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
          (1) by striking ``and'' at the end of subparagraph (B);
          (2) by striking the period at the end of subparagraph (C) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(D) base and overtime wages for extra hires to 
                facilitate the implementation and enforcement of 
                adopted building codes for a period of not more than 
                180 days after the major disaster is declared.''.

SEC. 203. PROGRAM IMPROVEMENTS.

  (a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is 
amended--
          (1) in paragraph (1)(A), by striking ``90 percent of''; and
          (2) in paragraph (2)(A), by striking ``75 percent of''.
  (b) Participation.--Section 428(d) of such Act (42 U.S.C. 5189f) is 
amended--
          (1) by inserting ``(1) In general.--'' before ``Participation 
        in''; and
          (2) by adding at the end the following:
          ``(2) No conditions.--The President may not condition the 
        provision of Federal assistance under this Act on the election 
        by a State, Tribal, or local government, or owner or operator 
        of a private nonprofit facility to participate in the 
        alternative procedures adopted under this section.''.
  (c) Certification.--Section 428(e)(1) of such Act (42 U.S.C. 
5189f(e)(1)) is amended--
          (1) in subparagraph (E), by striking ``and'' at the end;
          (2) in subparagraph (F), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
                  ``(G) once certified by a professionally licensed 
                engineer and accepted by the Administrator, the 
                estimates on which grants made pursuant to this section 
                are based shall be presumed to be reasonable, eligible, 
                and actual costs as long as there is no evidence of 
                fraud.''.

SEC. 204. PRIORITIZATION OF FACILITIES.

  Not later than 180 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall provide 
guidance and training on an annual basis to State, Tribal, and local 
governments, first responders, and utility companies on--
          (1) the need to prioritize assistance to hospitals, nursing 
        homes, and other long-term care facilities to ensure that such 
        health care facilities remain functioning or return to 
        functioning as soon as practicable during power outages caused 
        by natural hazards, including severe weather events; and
          (2) how hospitals, nursing homes and other long-term care 
        facilities should adequately prepare for power outages during a 
        major disaster or emergency.

SEC. 205. GUIDANCE ON EVACUATION ROUTES.

  (a) In General.--
          (1) Identification.--The Administrator of the Federal 
        Emergency Management Agency, in coordination with the 
        Administrator of the Federal Highway Administration, shall 
        develop and issue guidance for State, local, and Tribal 
        governments regarding the identification of evacuation routes.
          (2) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, shall revise existing 
        guidance or issue new guidance as appropriate for State, local, 
        and Tribal governments regarding the design, construction, 
        maintenance, and repair of evacuation routes.
  (b) Considerations.--
          (1) Identification.--In developing the guidance under 
        subsection (a)(1), the Administrator of the Federal Emergency 
        Management Agency shall consider--
                  (A) whether evacuation routes have resisted impacts 
                and recovered quickly from disasters, regardless of 
                cause;
                  (B) the need to evacuate special needs populations, 
                including--
                          (i) individuals with a physical or mental 
                        disability;
                          (ii) individuals in schools, daycare centers, 
                        mobile home parks, prisons, nursing homes and 
                        other long-term care facilities, and detention 
                        centers;
                          (iii) individuals with limited-English 
                        proficiency;
                          (iv) the elderly; and
                          (v) individuals who are tourists, seasonal 
                        workers, or homeless;
                  (C) the sharing of information and other public 
                communications with evacuees during evacuations;
                  (D) the sheltering of evacuees, including the care, 
                protection, and sheltering of animals;
                  (E) the return of evacuees to their homes; and
                  (F) such other items the Administrator considers 
                appropriate.
          (2) Design, construction, maintenance, and repair.--In 
        revising or issuing guidance under (a)(2), the Administrator of 
        the Federal Highway Administration shall consider--
                  (A) methods that assist evacuation routes to--
                          (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                          (ii) improve durability, strength (including 
                        the ability to withstand tensile stresses and 
                        compressive stresses), and sustainability; and
                          (iii) provide for long-term cost savings;
                  (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                  (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal Land Management 
                Agency regarding emergency operations, sustainability, 
                and resource protection; and
                  (D) such other items the Administrator considers 
                appropriate.

SEC. 206. PROOF OF INSURANCE.

  A State shall be deemed to have proven that an applicant has 
satisfied the purchase of insurance requirements under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) when an encumbrance requiring the purchase and maintenance of 
insurance has been placed on the title of the property receiving the 
benefit of the grant or assistance. This section in no way removes or 
reduces the insurance requirements on an applicant under the Act and in 
no way limits the requirement that assistance provided under such Act 
be reduced or eliminated when the requirements are not met.

SEC. 207. DUPLICATION OF BENEFITS.

  (a) In General.--Section 312(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by 
adding at the end the following:
          ``(4) Waiver of general prohibition.--
                  ``(A) In general.--The President may waive the 
                general prohibition provided in subsection (a) upon 
                request of a Governor on behalf of the State or on 
                behalf of a person, business concern, or any other 
                entity suffering losses as a result of a major disaster 
                or emergency, if the President finds such waiver is in 
                the public interest and will not result in waste, 
                fraud, or abuse. In making this decision, the President 
                may consider the following:
                          ``(i) The recommendations of the 
                        Administrator of the Federal Emergency 
                        Management Agency made in consultation with the 
                        Federal agency or agencies administering the 
                        duplicative program.
                          ``(ii) If a waiver is granted, the assistance 
                        to be funded is cost effective.
                          ``(iii) Equity and good conscience.
                          ``(iv) Other matters of public policy 
                        considered appropriate by the President.
                  ``(B) Grant or denial of waiver.--A request under 
                subparagraph (A) shall be granted or denied not later 
                than 45 days after submission of such request.
                  ``(C) Prohibition on determination that loan is a 
                duplication.--Notwithstanding subsection (c), in 
                carrying out subparagraph (A), the President may not 
                determine that a loan is a duplication of assistance, 
                provided that all Federal assistance is used toward a 
                loss suffered as a result of the major disaster or 
                emergency.''.
  (b) Funding of a Federally Authorized Water Resources Development 
Project.--
          (1) Eligible activities.--Notwithstanding section 312 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5155) and its implementing regulations, assistance 
        provided pursuant to section 404 of such Act may be used to 
        fund activities authorized for construction within the scope of 
        a federally authorized water resources development project of 
        the Army Corps of Engineers if such activities are also 
        eligible activities under such section.
          (2) Federal funding.--All Federal funding provided under 
        section 404 pursuant to this subsection shall be applied toward 
        the Federal share of such project.
          (3) Non-federal match.--All non-Federal matching funds 
        required under section 404 pursuant to this subsection shall be 
        applied toward the non-Federal share of such project.
          (4) Total federal share.--Funding provided under section 404 
        pursuant to this subsection may not exceed the total Federal 
        share for such project.
          (5) No effect.--Nothing in this subsection shall--
                  (A) affect the cost share requirement of a hazard 
                mitigation measure under section 404;
                  (B) affect the eligibility criteria for a hazard 
                mitigation measure under section 404;
                  (C) affect the cost share requirements of a federally 
                authorized water resources development project; and
                  (D) affect the responsibilities of a non-Federal 
                interest with respect to the project, including those 
                related to the provision of lands, easements, rights-
                of-way, dredge material disposal areas, and necessary 
                relocations.

SEC. 208. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY 
                    HOUSING AND PERMANENT HOUSING CONSTRUCTION.

  Section 408(f) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
          (1) in paragraph (1), by striking the paragraph heading and 
        inserting ``State-administered assistance and other needs 
        assistance.--'';
          (2) in paragraph (1)(A)--
                  (A) by striking ``financial''; and
                  (B) by striking ``subsection (e)'' and inserting 
                ``subsections (c)(1)(B), (c)(4), and (e) if the 
                President and the State comply, as determined by the 
                Administrator, with paragraph (3)'';
          (3) in paragraph (1)(B)--
                  (A) by striking ``financial''; and
                  (B) by striking ``subsection (e)'' and inserting 
                ``subsections (c)(1)(B), (c)(4), and (e)''; and
          (4) by adding at the end the following:
          ``(3) In general.--
                  ``(A) Application.--A State desiring to provide 
                assistance under subsections (c)(1)(B) and (c)(4) shall 
                submit to the President an application for the 
                delegation of the authority to administer the program.
                  ``(B) Criteria.--The President, in consultation and 
                coordination with States and local governments, shall 
                establish criteria for the approval of applications 
                submitted under subparagraph (A). The criteria shall 
                include, at a minimum--
                          ``(i) the demonstrated ability of the State 
                        to manage the program under this section;
                          ``(ii) there being in effect a plan approved 
                        by the President as to how the State will 
                        comply with applicable Federal laws and 
                        regulations and how the State will provide 
                        assistance under its plan;
                          ``(iii) a requirement that the State or local 
                        government comply with rules and regulations 
                        established pursuant to subsection (j); and
                          ``(iv) a requirement that the President, or 
                        the designee of the President, comply with 
                        subsection (i).
                  ``(C) Quality assurance.--Before approving an 
                application submitted under this section, the 
                President, or the designee of the President, shall 
                institute adequate policies, procedures, and internal 
                controls to prevent waste, fraud, abuse, and program 
                mismanagement for this program and for programs under 
                subsections (c)(1)(B) and (c)(4). The President shall 
                monitor and conduct quality assurance activities on a 
                State's implementation of programs under subsections 
                (c)(1)(B) and (c)(4). If, after approving an 
                application of a State submitted under this section, 
                the President determines that the State is not 
                administering the program established by this section 
                in a manner satisfactory to the President, the 
                President shall withdraw the approval.
                  ``(D) Audits.--The Office of the inspector general 
                shall provide for periodic audits of the programs 
                administered by States under this subsection.
                  ``(E) Applicable laws.--All Federal laws applicable 
                to the management, administration, or contracting of 
                the programs by the Federal Emergency Management Agency 
                under this section shall be applicable to the 
                management, administration, or contracting by a non-
                Federal entity under this section.
                  ``(F) Report.--Not later than 1 year after the date 
                of enactment of this paragraph, the inspector general 
                of the Department of Homeland Security shall submit a 
                report to the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report on the State role to provide 
                assistance under this section. The report shall contain 
                an assessment of the effectiveness of the State's role 
                to provide assistance under this section, including--
                          ``(i) whether the State's role helped to 
                        improve the general speed of disaster recovery;
                          ``(ii) whether the States providing 
                        assistance under this section had the capacity 
                        to administer this section; and
                          ``(iii) recommendations for changes to 
                        improve the program if the State's role to 
                        administer the programs should be continued.
                  ``(G) Prohibition.--The President may not condition 
                the provision of Federal assistance under this Act by a 
                State, Tribal, or local government requesting a grant 
                under this section.
                  ``(H) Miscellaneous.--
                          ``(i) Notice and comment.--The Administrator 
                        may waive notice and comment rulemaking, if the 
                        Administrator determines doing so is necessary 
                        to expeditiously implement this section, and 
                        may carry out this section as a pilot program 
                        until such regulations are promulgated.
                          ``(ii) Final rule.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        the Administrator shall issue final regulations 
                        to implement this subsection as amended by the 
                        Disaster Recovery Reform Act.
                          ``(iii) Waiver and expiration.--The authority 
                        under clause (i) and any pilot program 
                        implemented pursuant to such clause shall 
                        expire 2 years after date of enactment of this 
                        paragraph or upon issuance of final regulations 
                        pursuant to clause (ii), whichever occurs 
                        sooner.''.

SEC. 209. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

  Section 408(h) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
          (1) in paragraph (1), by inserting ``, excluding financial 
        assistance to rent alternate housing accommodations under 
        subsection (c)(1)(A)(i) and financial assistance to address 
        other needs under subsection (e)'' after ``disaster'';
          (2) by redesignating paragraph (2) as paragraph (3);
          (3) by inserting after paragraph (1) the following:
          ``(2) Other needs assistance.--The maximum financial 
        assistance any individual or household may receive under 
        subsection (e) shall be equivalent to the amount set forth in 
        paragraph (1) with respect to a single major disaster.'';
          (4) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
          (5) by inserting after paragraph (3) (as so redesignated) the 
        following:
          ``(4) Exclusion of necessary expenses for individuals with 
        disabilities.--
                  ``(A) The maximum amount of assistance established 
                under paragraph (1) shall exclude expenses to repair or 
                replace damaged accessibility-related improvements 
                under paragraphs (2), (3), and (4) of subsection (c) 
                for individuals with disabilities.
                  ``(B) The maximum amount of assistance established 
                under paragraph (2) shall exclude expenses to repair or 
                replace accessibility-related personal property under 
                subsection (e)(2) for individuals with disabilities.''.

SEC. 210. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.

  (a) Lease and Repair of Rental Units for Temporary Housing.--Section 
408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended 
to read as follows:
                                  ``(II) Improvements or repairs.--
                                Under the terms of any lease agreement 
                                for property entered into under this 
                                subsection, the value of the 
                                improvements or repairs shall be 
                                deducted from the value of the lease 
                                agreement.''.
  (b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
                                          ``(aa) enter into lease 
                                        agreements with owners of 
                                        multifamily rental property 
                                        impacted by a major disaster or 
                                        located in areas covered by a 
                                        major disaster declaration to 
                                        house individuals and 
                                        households eligible for 
                                        assistance under this section; 
                                        and''.
  (c) Inspector General Report.--Not later than 2 years after the date 
of the enactment of this Act, the inspector general of the Department 
of Homeland Security shall assess the use of the authority provided 
under section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), including the 
adequacy of any benefit-cost analysis done to justify the use of this 
alternative, and submit a report on the results of that review to the 
appropriate committees of Congress.

SEC. 211. FEDERAL DISASTER ASSISTANCE NONPROFIT FAIRNESS.

  (a) Definition of Private Nonprofit Facility.--Section 102(11)(B) of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(11)(B)) is amended to read as follows:
                  ``(B) Additional facilities.--In addition to the 
                facilities described in subparagraph (A), the term 
                `private nonprofit facility' includes any private 
                nonprofit facility that provides essential services of 
                a governmental nature to the general public (including 
                museums, zoos, performing arts facilities, community 
                arts centers, community centers, houses of worship 
                exempt from taxation under section 501(c) of the 
                Internal Revenue Code of 1986, libraries, homeless 
                shelters, senior citizen centers, rehabilitation 
                facilities, shelter workshops, food banks, and 
                facilities that provide health and safety services of a 
                governmental nature), as defined by the President.''.
  (b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at 
the end the following:
                  ``(C) Houses of worship.--A church, synagogue, 
                mosque, temple, or other house of worship, and a 
                private nonprofit facility operated by a religious 
                organization, shall be eligible for contributions under 
                paragraph (1)(B), without regard to the religious 
                character of the facility or the primary religious use 
                of the facility.''.
  (c) Applicability.--This section and the amendments made by this 
section shall apply to the provision of assistance in response to a 
major disaster or emergency declared on or after October 28, 2012.

SEC. 212. MANAGEMENT COSTS.

  Section 324 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5165b) is amended--
          (1) in subsection (a) by striking ``any administrative 
        expense, and any other expense not directly chargeable to'' and 
        inserting ``direct administrative cost, and any other 
        administrative expense associated with''; and
          (2) in subsection (b)--
                  (A) by striking ``Notwithstanding'' and inserting the 
                following:
          ``(1) In general.--Notwithstanding'';
                  (B) by striking ``establish'' and inserting the 
                following: ``implement''; and
                  (C) by adding at the end the following:
          ``(2) Specific management costs.--The Administrator shall 
        provide the following percentage rates, in addition to the 
        eligible project costs, to cover direct and indirect costs of 
        administering the following programs:
                  ``(A) Hazard mitigation.--A grantee under section 404 
                may be reimbursed not more than 15 percent of the total 
                amount of the grant award under such section of which 
                not more than 10 percent may be used by the grantee and 
                5 percent by the subgrantee for such costs.
                  ``(B) Public assistance.--A grantee under sections 
                403, 406, 407, and 502 may be reimbursed not more than 
                12 percent of the total award amount under such 
                sections, of which not more than 7 percent may be used 
                by the grantee and 5 percent by the subgrantee for such 
                costs.''.

SEC. 213. FLEXIBILITY.

  (a) Definition.--In this section, the term ``covered assistance'' 
means assistance provided--
          (1) under section 408 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5174); and
          (2) in relation to a major disaster or emergency declared by 
        the President under section 401 or 501 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
  (b) Waiver Authority.--Notwithstanding section 3716(e) of title 31, 
United States Code, the Administrator of the Federal Emergency 
Management Agency--
          (1) subject to paragraph (2), may waive a debt owed to the 
        United States related to covered assistance provided to an 
        individual or household if--
                  (A) the covered assistance was distributed based on 
                an error by the Federal Emergency Management Agency;
                  (B) there was no fault on behalf of the debtor; and
                  (C) the collection of the debt would be against 
                equity and good conscience; and
          (2) may not waive a debt under paragraph (1) if the debt 
        involves fraud, the presentation of a false claim, or 
        misrepresentation by the debtor or any party having an interest 
        in the claim.
  (c) Monitoring of Covered Assistance Distributed Based on Error.--
          (1) In general.--The inspector general of the Department of 
        Homeland Security shall monitor the distribution of covered 
        assistance to individuals and households to determine the 
        percentage of such assistance distributed based on an error.
          (2) Removal of waiver authority based on excessive error 
        rate.--If the inspector general determines, with respect to any 
        12-month period, that the amount of covered assistance 
        distributed based on an error by the Federal Emergency 
        Management Agency exceeds 4 percent of the total amount of 
        covered assistance distributed--
                  (A) the inspector general shall notify the 
                Administrator and publish the determination in the 
                Federal Register; and
                  (B) with respect to any major disaster declared by 
                the President under section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170) after the date of the determination, 
                the authority of the Administrator to waive debt under 
                subsection (b) shall no longer be effective.

SEC. 214. ADDITIONAL DISASTER ASSISTANCE.

  (a) Disaster Mitigation.--Section 209 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding 
at the end the following:
  ``(e) Disaster Mitigation.--In providing assistance pursuant to 
subsection (c)(2), if appropriate and as applicable, the Secretary may 
encourage hazard mitigation in assistance provided pursuant to such 
subsection.''.
  (b) Emergency Management Assistance Compact Grants.--Section 661(d) 
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
761(d)) is amended by striking ``for fiscal year 2008'' and inserting 
``for each of fiscal years 2018 through 2022''.
  (c) Emergency Management Performance Grants Program.--Section 662(f) 
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
762(f)) is amended by striking ``the program'' and all that follows 
through ``2012'' and inserting ``the program, for each of fiscal years 
2018 through 2022''.
  (d) Technical Amendment.--Section 403(a)(3) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is 
amended by striking the second subparagraph (J).

SEC. 215. NATIONAL VETERINARY EMERGENCY TEAMS.

  (a) In General.--The Administrator of the Federal Emergency 
Management Agency may establish one or more national veterinary 
emergency teams at accredited colleges of veterinary medicine.
  (b) Responsibilities.--A national veterinary emergency team shall--
          (1) deploy with a team of the National Urban Search and 
        Rescue Response System to assist with--
                  (A) veterinary care of canine search teams;
                  (B) locating and treating companion animals, service 
                animals, livestock, and other animals; and
                  (C) surveillance and treatment of zoonotic diseases;
          (2) recruit, train, and certify veterinary professionals, 
        including veterinary students, in accordance with an 
        established set of plans and standard operating guidelines to 
        carry out the duties associated with planning for and 
        responding to emergencies as described in paragraph (1);
          (3) assist State, Tribal, and local governments and nonprofit 
        organizations in developing emergency management and evacuation 
        plans that account for the care and rescue of animals and in 
        improving local readiness for providing veterinary medical 
        response during a disaster; and
          (4) coordinate with the Department of Homeland Security, the 
        Department of Health and Human Services, the Department of 
        Agriculture, State, Tribal, and local governments (including 
        State departments of animal and human health), veterinary and 
        health care professionals, and volunteers.

SEC. 216. DISPUTE RESOLUTION PILOT PROGRAM.

  Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42 
U.S.C. 5189a note) is amended by striking ``2015'' and inserting 
``2022''.

SEC. 217. EMERGENCY RELIEF.

  Notwithstanding section 125(d)(4) of title 23, United States Code, no 
limitation on the total obligations for projects under section 125 of 
such title shall apply to the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands with respect to fiscal 
years 2018 and 2019.

      TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY

SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION 
                    REVIEW.

  (a) Review and Analysis.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall review the Unified Federal Environmental and 
Historic Preservation review process established pursuant to section 
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5189g), and submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate that includes the following:
          (1) An analysis of whether and how the unified process has 
        expedited the interagency review process to ensure compliance 
        with the environmental and historic requirements under Federal 
        law relating to disaster recovery projects.
          (2) A survey and analysis of categorical exclusions used by 
        other Federal agencies that may be applicable to any activity 
        related to a Presidentially declared major disaster or 
        emergency under such Act.
          (3) Recommendations on any further actions, including any 
        legislative proposals, needed to expedite and streamline the 
        review process.
  (b) Regulations.--After completing the review, survey, and analyses 
under subsection (a), but not later than 2 years after the date of 
enactment of this Act, and after providing notice and opportunity for 
public comment, the Administrator shall issue regulations to implement 
any regulatory recommendations, including any categorical exclusions 
identified under subsection (a), to the extent that the categorical 
exclusions meet the criteria for a categorical exclusion under section 
1508.4 of title 40, Code of Federal Regulations, and section II of DHS 
Instruction Manual 023-01-001--01.

SEC. 302. CLOSEOUT INCENTIVES.

  (a) Facilitating Closeout.--Section 705 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is 
amended by adding at the end the following:
  ``(d) Facilitating Closeout.--
          ``(1) Incentives.--The Administrator may develop incentives 
        and penalties that encourage State, Tribal, or local 
        governments to close out expenditures and activities on a 
        timely basis related to disaster or emergency assistance.
          ``(2) Agency requirements.--The Agency shall, consistent with 
        applicable regulations and required procedures, meet its 
        responsibilities to improve closeout practices and reduce the 
        time to close disaster program awards.''.
  (b) Regulations.--The Administrator shall issue regulations to 
implement this section.

SEC. 303. PERFORMANCE OF SERVICES.

  Section 306 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the 
following:
  ``(c) The Administrator of the Federal Emergency Management Agency is 
authorized to appoint temporary personnel, after serving continuously 
for 1 year, to positions in the Agency in the same manner that 
competitive service employees are considered for transfer, 
reassignment, or promotion to such positions. An individual appointed 
under this subsection shall become a career-conditional employee, 
unless the employee has already completed the service requirements for 
career tenure.''.

SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall--
          (1) in coordination with the Small Business Administration, 
        the Department of Housing and Urban Development, and other 
        appropriate agencies, conduct a study and develop a plan, 
        consistent with law, under which the collection of information 
        from disaster assistance applicants and grantees will be 
        modified, streamlined, expedited, efficient, flexible, 
        consolidated, and simplified to be less burdensome, 
        duplicative, and time consuming for applicants and grantees;
          (2) in coordination with the Small Business Administration, 
        the Department of Housing and Urban Development, and other 
        appropriate agencies, develop a plan for the regular collection 
        and reporting of information on provided Federal disaster 
        assistance, including the establishment and maintenance of a 
        website for presenting the information to the public; and
          (3) submit the plans to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.

SEC. 305. AGENCY ACCOUNTABILITY.

  Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act is amended by adding at the end the following:

``SEC. 430. AGENCY ACCOUNTABILITY.

  ``(a) Public Assistance.--Not later than 5 days after an award of a 
public assistance grant is made under section 406 that is in excess of 
$1,000,000, the Administrator shall publish on the Agency's website the 
specifics of each such grant award, including--
          ``(1) identifying the Federal Emergency Management Agency 
        Region;
          ``(2) the disaster or emergency declaration number;
          ``(3) the State, county, and applicant name;
          ``(4) if the applicant is a private nonprofit;
          ``(5) the damage category code;
          ``(6) the amount of the Federal share obligated; and
          ``(7) the date of the award.
  ``(b) Mission Assignments.--
          ``(1) In general.--Not later than 5 days after the issuance 
        of a mission assignment or mission assignment task order, the 
        Administrator shall publish on the Agency's website any mission 
        assignment or mission assignment task order to another Federal 
        department or agency regarding a major disaster in excess of 
        $1,000,000, including--
                  ``(A) the name of the impacted State or Tribe;
                  ``(B) the disaster declaration for such State or 
                Tribe;
                  ``(C) the assigned agency;
                  ``(D) the assistance requested;
                  ``(E) a description of the disaster;
                  ``(F) the total cost estimate;
                  ``(G) the amount obligated;
                  ``(H) the State or Tribal cost share, if applicable;
                  ``(I) the authority under which the mission 
                assignment or mission assignment task order was 
                directed; and
                  ``(J) if applicable, the date a State or Tribe 
                requested the mission assignment.
          ``(2) Recording changes.--Not later than 10 days after the 
        last day of each month until a mission assignment or mission 
        assignment task order described in paragraph (1) is completed 
        and closed out, the Administrator shall update any changes to 
        the total cost estimate and the amount obligated.
  ``(c) Disaster Relief Monthly Report.--Not later than 10 days after 
the first day of each month, the Administrator shall publish on the 
Agency's website reports, including a specific description of the 
methodology and the source data used in developing such reports, 
including--
          ``(1) an estimate of the amounts for the fiscal year covered 
        by the President's most recent budget pursuant to section 
        1105(a) of title 31, United States Code, including--
                  ``(A) the unobligated balance of funds to be carried 
                over from the prior fiscal year to the budget year;
                  ``(B) the unobligated balance of funds to be carried 
                over from the budget year to the budget year plus 1;
                  ``(C) the amount of obligations for non-catastrophic 
                events for the budget year;
                  ``(D) the amount of obligations for the budget year 
                for catastrophic events delineated by event and by 
                State;
                  ``(E) the total amount that has been previously 
                obligated or will be required for catastrophic events 
                delineated by event and by State for all prior years, 
                the current fiscal year, the budget year, and each 
                fiscal year thereafter;
                  ``(F) the amount of previously obligated funds that 
                will be recovered for the budget year;
                  ``(G) the amount that will be required for 
                obligations for emergencies, as described in section 
                102(1), major disasters, as described in section 
                102(2), fire management assistance grants, as described 
                in section 420, surge activities, and disaster 
                readiness and support activities; and
                  ``(H) the amount required for activities not covered 
                under section 251(b)(2)(D)(iii) of the Balanced Budget 
                and Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(D)(iii)); and
          ``(2) an estimate or actual amounts, if available, of the 
        following for the current fiscal year shall be submitted not 
        later than the fifth day of each month, published by the 
        Administrator on the Agency's website not later than the fifth 
        day of each month:
                  ``(A) A summary of the amount of appropriations made 
                available by source, the transfers executed, the 
                previously allocated funds recovered, and the 
                commitments, allocations, and obligations made.
                  ``(B) A table of disaster relief activity delineated 
                by month, including--
                          ``(i) the beginning and ending balances;
                          ``(ii) the total obligations to include 
                        amounts obligated for fire assistance, 
                        emergencies, surge, and disaster support 
                        activities;
                          ``(iii) the obligations for catastrophic 
                        events delineated by event and by State; and
                          ``(iv) the amount of previously obligated 
                        funds that are recovered.
                  ``(C) A summary of allocations, obligations, and 
                expenditures for catastrophic events delineated by 
                event.
                  ``(D) The cost of the following categories of 
                spending:
                          ``(i) Public assistance.
                          ``(ii) Individual assistance.
                          ``(iii) Mitigation.
                          ``(iv) Administrative.
                          ``(v) Operations.
                          ``(vi) Any other relevant category (including 
                        emergency measures and disaster resources) 
                        delineated by disaster.
                  ``(E) The date on which funds appropriated will be 
                exhausted.
  ``(d) Contracts.--
          ``(1) Information.--Not later than 10 days after the first 
        day of each month, the Administrator shall publish on the 
        Agency's website the specifics of each contract in excess of 
        $1,000,000 that the Agency enters into, including--
                  ``(A) the name of the party;
                  ``(B) the date the contract was awarded;
                  ``(C) the amount of the contract, the scope of the 
                contract;
                  ``(D) if the contract was awarded through competitive 
                bidding process;
                  ``(E) if no competitive bidding process was used, the 
                reason why competitive bidding was not used; and
                  ``(F) the authority used to bypass the competitive 
                bidding process.
        The information shall be delineated by disaster, if applicable, 
        and specify the damage category code, if applicable.
          ``(2) Report.--Not later than 10 days after the last day of 
        the fiscal year, the Administrator shall provide a report to 
        the appropriate committees of Congress summarizing the 
        following information for the preceding fiscal year:
                  ``(A) The number of contracts awarded without 
                competitive bidding.
                  ``(B) The reasons why a competitive bidding process 
                was not used.
                  ``(C) The total amount of contracts awarded with no 
                competitive bidding.
                  ``(D) The damage category codes, if applicable, for 
                contracts awarded without competitive bidding.''.

SEC. 306. AUDIT OF CONTRACTS.

  Notwithstanding any other provision of law, the Administrator of the 
Federal Emergency Management Agency shall not reimburse a State, Tribe, 
or local government or the owner or operator of a private nonprofit 
facility for any activities made pursuant to a contract entered into 
after August 1, 2017, that prohibits the Administrator or the 
Comptroller General of the United States from auditing or otherwise 
reviewing all aspects relating to the contract.

SEC. 307. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND 
                    PLASTIC SHEETING.

  (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the inspector general of the Department of Homeland 
Security shall initiate an audit of the contracts awarded by the 
Federal Emergency Management Agency (in this section referred to as 
``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto 
Rico and the Virgin Islands of the United States in response to 
Hurricane Irma and Hurricane Maria.
  (b) Considerations.--In carrying out the audit under subsection (a), 
the inspector general shall review--
          (1) the contracting process used by FEMA to evaluate offerors 
        and award the relevant contracts to contractors;
          (2) FEMA's assessment of the past performance of the 
        contractors, including any historical information showing that 
        the contractors had supported large-scale delivery quantities 
        in the past;
          (3) FEMA's assessment of the capacity of the contractors to 
        carry out the relevant contracts, including with respect to 
        inventory, production, and financial capabilities;
          (4) how FEMA ensured that the contractors met the terms of 
        the relevant contracts; and
          (5) whether the failure of the contractors to meet the terms 
        of the relevant contracts and FEMA's subsequent cancellation of 
        the relevant contracts affected the provision of tarps and 
        plastic sheeting to the Commonwealth of Puerto Rico and the 
        Virgin Islands of the United States.
  (c) Report.--Not later than 180 days after the date of initiation of 
the audit under subsection (a), the inspector general shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the results of the audit, including 
findings and recommendations.

SEC. 308. RELIEF ORGANIZATIONS.

  Section 309 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5152) is amended--
          (1) in subsection (a), by striking ``and other relief or'' 
        and inserting ``long-term recovery groups, and other relief, 
        domestic hunger relief, or''; and
          (2) in subsection (b), by striking ``and other relief or'' 
        and inserting ``long-term recovery groups, and other relief, 
        domestic hunger relief, or''.

SEC. 309. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

  The Administrator of the Federal Emergency Management Agency, in 
coordination with the Administrator of the Federal Highway 
Administration, shall develop and issue guidance for State, local, and 
Tribal governments regarding repair, restoration, and replacement of 
inundated and submerged roads damaged or destroyed by a major disaster, 
and for associated expenses incurred by the Government, with respect to 
roads eligible for assistance under section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).

                         Purpose of Legislation

    H.R. 4460, as amended, the Disaster Recovery Reform Act 
(DRRA), improves the provision of disaster and mitigation 
assistance to eligible individuals and households and eligible 
State, local, Tribal, and territorial governments and certain 
nonprofits.

                  Background and Need for Legislation

    In 2017, it was an historic year for disasters that cost 
the country an unprecedented $306 billion in damages.\1\ 
According to the National Oceanic and Atmospheric 
Administration (NOAA), 2017 exceeded the previous record for 
extreme weather damages by over $91 billion. In addition to 
Hurricanes Harvey, Irma, and Maria, wildfires in western States 
burned almost 10 million acres of land.\2\ The cumulative costs 
associated with wildfire damages last year was almost $18 
billion, tripling the previous record.\3\
---------------------------------------------------------------------------
    \1\``2017 U.S. billion-dollar weather and climate disasters: a 
historic year in context,'' Adam B. Smith, January 8, 2018. Available 
at https://www.climate.gov/news-features/blogs/beyond-data/2017-us-
billion-dollar-weather-and-climate-disasters-historic-year.
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    According to the Federal Emergency Management Agency 
(FEMA), only three years since 2000 have seen less than 100 
disaster declarations.\4\ In 2011, there were 242 such 
declarations, as well as 1,096 deaths linked to natural 
catastrophes and $24.1 billion in damage.\5\ In 2016, there 
were 458 deaths with over $18.4 billion in damages.\6\
---------------------------------------------------------------------------
    \4\Federal Emergency Management Agency, ``Disaster Declarations by 
Year.'' Available at https://www.fema.gov/disasters/year.
    \5\National Weather Service, ``Summary of Natural Hazard Statistics 
for 2011 in the United States.'' Available at http://www.nws.noaa.gov/
om/hazstats/sum11.pdf.
    \6\National Weather Service, ``Summary of Natural Hazard Statistics 
for 2016 in the United States.'' Available at http://www.nws.noaa.gov/
os/hazstats/sum16.pdf.
---------------------------------------------------------------------------
    These impacts highlight the importance of the Federal 
government's role in coordinating and informing efforts related 
to preparing for, mitigating against, responding to, and 
recovering from disasters. Enhancing resilience through hazard 
mitigation will also help reduce costs and impacts.

The Disaster Recovery Reform Act

    H.R. 4460, as amended, addresses the rising costs of 
disasters in the United States, and reforms Federal disaster 
programs to ensure communities are better prepared for future 
hurricanes, flooding, earthquakes, wildfires, and other 
disasters. This legislation improves predisaster planning and 
mitigation, in order to reduce the future loss of life and the 
rising costs of disasters throughout America. Furthermore, DRRA 
incentivizes building and rebuilding better and smarter to 
facilitate recovery efforts whenever and wherever disaster 
strikes. Strengthening mitigation practices is also a wise use 
of taxpayer dollars; studies have shown for every $1 spent in 
mitigation, between $4 and $8 is saved in avoided disaster 
recovery costs.\7\
---------------------------------------------------------------------------
    \7\Congressional Budget Office, ``Potential Cost Savings from the 
Pre-Disaster Mitigation Program.'' September 2007; University of 
Pennsylvania, Wharton School Risk Center, ``Economic Effectiveness of 
Implementing a Statewide Building Code: The Case of Florida.'' May 
2016; and National Institute of Building Sciences (NIBS), ``Natural 
Hazard Mitigation Saves: 2017 Interim Report Summary of Findings.'' 
Available here: https://www.nibs.org/page/ms2_dwnload.
---------------------------------------------------------------------------
    According to numerous studies, disaster losses and Federal 
disaster spending increased over the last 50 years. For 
example, one report found that between 1980 and 2011, North 
America suffered $1.06 trillion in total losses.\8\ Another 
study found that since 1952, the cost of natural disasters to 
the Federal government more than tripled as a function of gross 
domestic product.\9\ As the 2017 hurricane season demonstrated, 
the toll in both human lives and economic impacts can be 
devastating.
    The 2017 disaster season provided a wealth of data that 
could be used to improve Federal disaster programs. DRRA takes 
lessons learned from 2017 and other disasters to give American 
communities the tools to better prepare for, withstand, and 
recover from the next disaster. By encouraging more cost-
effective and smart investment of taxpayer dollars before 
disaster strikes, the authorities in DRRA will help save lives 
and reduce Federal, State, and local costs in the long run.
---------------------------------------------------------------------------
    \8\Munich Re, Severe weather in North America--Perils Risk 
Insurance. Munich, Germany: Muchener Ruckversicherungs-Gesellschaft 
(2012).
    \9\The Princeton University Geoscience 499 Class, The Increasing 
Costs of U.S. Natural Disasters. Geotimes, November 2005.
---------------------------------------------------------------------------

The Importance of Mitigation

    A major focus of DRRA is strengthening disaster 
mitigation--actions taken proactively to reduce loss of life 
and property by lessening the impact of future disasters. 
Effective mitigation minimizes the potential loss of life and 
property from a disaster based on identifying and understanding 
the risks in a given area or community. Mitigation can 
encompass a wide variety of activities, including preparation 
and planning, elevating or moving structures prone to flooding, 
and hardening structures to mitigate effects of hurricanes or 
earthquakes.
    DRRA:
           Incentivizes States and Tribal governments 
        to take steps that increase resilience to disasters and 
        to invest in mitigation;
           Amends the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (Stafford Act) to 
        require that a percentage of assistance provided in the 
        wake of disasters is invested in predisaster hazard 
        mitigation;
           Speeds recovery by getting structures 
        inspected faster;
           Addresses other critical issues such as 
        wildfire prevention, eligibility for disaster 
        assistance, and agency efficiency and accountability; 
        and
           Streamlines and clarifies the assistance 
        process for recipients of FEMA aid and further promotes 
        mitigation by clarifying eligible uses under FEMA's 
        hazard mitigation grant programs to address windstorm, 
        wildfire, and earthquake hazards.
    While H.R. 4460, as amended, allows recipients to use 
hazard mitigation assistance to replace utility poles with more 
resilient poles in areas affected by windstorms, it does not 
mandate any specific material. This will facilitate the ability 
for communities to replace poles with ones that are more 
resilient to hurricane force winds, ice storms, fire, or other 
hazards.

Nursing home preparedness

    H.R. 4460, as amended, includes provisions to improve 
nursing home emergency preparedness. The provisions require 
FEMA to provide needed disaster response guidance and 
assistance to ensure that nursing homes and other long-term 
care facilities are better prioritized and can function or 
return to functioning status as soon as possible during an 
emergency or disaster, including a power outage. Further, H.R. 
4460, as amended, requires that special populations like the 
elderly, the homeless, and the disabled are considered when 
States and communities plan evacuation routes.
    In 2017, a power outage in a rehabilitation center in 
Hollywood Hills, Florida, resulted in the heat-related deaths 
of 14 individuals, mostly seniors, who resided there. The 
authorities provided in this legislation will improve nursing 
homes' emergency preparedness to help save lives across the 
nation.

Duplication of benefits

    H.R. 4460, as amended, amends existing law by clarifying 
the President's authority to waive the general prohibition of 
section 312 of the Stafford Act upon the request of a Governor 
of a State subject to a major disaster. This section 
establishes that the President may not determine that a loan 
(such as a Small Business Administration disaster loan) is a 
duplication of assistance when providing Federal disaster 
assistance. After a disaster, FEMA urges disaster survivors to 
participate in certain disaster assistance programs. 
Application of section 312 then results in denied access to 
supplemental assistance if appropriated by the Congress. As 
disaster victims may wait to determine if supplemental recovery 
grants become available, the Committee is concerned that the 
current application of section 312 undermines important and 
necessary recovery efforts and may delay and increase expenses 
of disaster recovery. The Committee believes the authority 
established in H.R. 4460, as amended, would result in improved 
recovery conditions on existing disasters and intends that FEMA 
will implement immediately for all eligible major disasters.
    Further, H.R. 4460, as amended, clarifies the use of FEMA 
hazard mitigation assistance on certain Army Corps of Engineers 
(the Corp) projects to mitigate against future hazards and 
risk. This provision is not intended to make projects that are 
not otherwise eligible for hazard mitigation assistance 
eligible, rather the provision is intended to simply allow for 
FEMA funding of eligible projects even if such project is 
within the scope of a Federally authorized water resources 
development project of the Corps. Many Corps projects may be 
authorized but never receive funding. Consequently, the risk of 
damage from disaster exists until the approved Corps project is 
complete. The Committee believes ensuring such projects are 
completed will help reduce costs in the future.

State Administration of Housing Assistance

    H.R. 4460, as amended, authorizes States to lead a 
temporary sheltering program for disaster victims, utilizing 
the full breadth of FEMA's disaster assistance and tools to 
tailor a solution that specifically addresses the needs of 
disaster victims. Historically, FEMA has utilized several 
temporary sheltering programs to assist disaster survivors, 
including spending up to $150,000 for mobile housing units to 
house families temporarily and spending money for temporary 
repairs to homes to allow disaster victims to shelter at home 
while permanent repairs are made.
    This new authority will give States flexibility to secure 
housing options in a cost-effective manner and devise a more 
robust, temporary sheltering program.

De-obligation and recoupment of disaster assistance

    In the wake of a Presidential major disaster declaration, 
FEMA may provide financial assistance to individuals who have 
necessary expenses and serious needs they are unable to meet by 
other means through the Individual and Households Program. 
While FEMA has implemented controls to avoid improper payments, 
errors are made. FEMA's current error rate for improper 
payments to individuals is less than two percent. H.R. 4460, as 
amended, institutes a three-year statute of limitations, which 
will prohibit FEMA from recouping assistance three years after 
the individual received the assistance when there is no 
evidence of fraud. This will help ensure that FEMA initiates 
any collection actions as quickly as possible, reduce 
administrative costs, and provide more certainty to individuals 
recovering from disasters.

Dispute resolution pilot program

    H.R. 4460, as amended, extends the authorization for the 
arbitration panel that was established to resolve recovery 
assistance disputes in the wake of Hurricane Katrina. This 
panel gives States and municipalities a faster resolution to 
conflicts that arise related to the eligibility of projects and 
project elements under FEMA's public assistance program. This 
was a resolution tool following Hurricane Katrina, and was 
similarly authorized following Hurricane Sandy, to facilitate 
recovery.

Disaster recovery contracts

    One of the challenges presented in the 2017 disaster season 
response and recovery related to contracting, and ensuring 
contracts issued in the wake of a disaster are transparent. 
H.R. 4460, as amended, includes provisions to require FEMA to 
include contract information on FEMA's website, and notify 
Congress so as to ensure greater transparency in the future 
relating to Federal government disaster contracting activities.
    H.R. 4460, as amended, calls for a review of these 
contracts by the Inspector General of the Department of 
Homeland Security.

Relief organizations

    H.R. 4460, as amended, clarifies that the term ``private 
nonprofit facility'' includes food banks as any private 
nonprofit facility that provides essential services of a 
governmental nature to the general public. This clarification 
ensures that food banks are eligible to receive assistance when 
providing food to disaster victims following a disaster. In 
many cases, these organizations are already equipped and 
situated to provide for mass feeding operations and should be a 
resource in the wake of a disaster.
    H.R. 4460, as amended, also clarifies the President's 
authority to utilize, with their consent, the personnel and 
facilities of food banks and the President's authority to enter 
into agreements under which the disaster relief activities may 
be coordinated by the Federal government whenever such entities 
are engaged in providing relief during and after a major 
disaster or emergency.

Inundated and submerged roads

    H.R. 4460, as amended, instructs FEMA to coordinate with 
the Administrator of the Federal Highway Administration to 
develop and issue guidance to State, local and Tribal 
governments regarding repair, restoration and replacement of 
inundated and submerged roads damaged or destroyed by a major 
disaster, and for associated expenses, with respect to 
activities described under section 406 of the Stafford Act (42 
U.S.C. 5172). Current policy on submerged and inundated roads 
is a collection of complex and often confusing FEMA guidelines, 
doctrine and interpretations. The Committee applauds FEMA's 
diligence to responsibly manage public resources in this 
regard, but the Committee believes this diligence can be 
achieved with clear, fair and consistent guidance. In 
developing the guidelines described in this section the 
Committee intends that FEMA will consider (a) minimizing the 
applicant's potential cost of engineering, testing and analysis 
to qualify for assistance; (b) developing a simplified process 
that recognizes the applicant's limited technical capabilities 
in road engineering, testing and analysis; and (c) establishing 
a consistent process that identifies roads and segments of 
roads that were damaged, thereby reducing service life, which 
may consist of the use of FEMA's inundation maps, surveyed high 
watermarks, aerial video and photography, river gauges, 
construction and maintenance records, geotechnical 
investigation, and other methods.

Peer-to-peer lodging

    It is essential to ensure that all available means of 
housing are available for survivors as they begin the process 
to rebuild their communities. The Committee has observed that 
often the transitional shelter needs in the initial weeks of a 
disaster far exceed the availability of traditional lodging 
providers like hotels and motels. In the wake of the 2017 and 
2018 hurricanes, FEMA worked to provide non-traditional lodging 
options to displaced survivors and disaster workers in Florida 
and Texas, allowing lodging providers to register to provide 
transitional housing for eligible applicants.
    The Committee encourages FEMA to continue this practice by 
allowing non-traditional lodging providers, such as condos and 
short-term vacation rentals, to register as transitional 
sheltering assistance. Doing so will help meet the critical 
housing needs of our constituents while allowing them to remain 
within their communities. Furthermore, peer-to-peer lodging 
provided by short-term-rentals can also meet the lodging and 
sheltering needs of disaster workers.

                                Hearings

    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management, held the following hearings and 
roundtable discussions on subjects related to matters contained 
in H.R. 4460, as amended, during the 114th and 115th 
Congresses:
          Rebuilding after the Storm: Lessening Impacts and 
        Speeding Recovery, held on January 27, 2015. The 
        purpose of the hearing was to launch an assessment of 
        the rising costs of disasters, the cost effectiveness 
        of disaster assistance, strategies to reduce disaster 
        losses, and the appropriate roles of government and the 
        private sector, and to discuss reforms that can save 
        lives through improved alerts and warning systems and 
        search and rescue.
          What is Driving the Increasing Costs and Rising 
        Losses from Disasters? held on March 18, 2015. The 
        purpose of the roundtable was to examine and discuss 
        data related to disaster costs, the trends observed 
        over time, and the projections for the future given the 
        policies in place today.
          Pacific Northwest Seismic Hazards: Planning and 
        Preparing for the Next Disaster, held on May 19, 2015. 
        The purpose of the hearing was to assess FEMA's role in 
        earthquake hazard preparedness, mitigation, response, 
        and recovery; and to examine the efforts of the Pacific 
        Northwest and seismic hazard experts to reduce disaster 
        impacts and build stronger communities.
          The State of Pennsylvania and FEMA Region III are 
        Leaders in Mitigating Disaster Costs and Losses, held 
        on May 28, 2015. The purpose of the roundtable was to 
        examine disaster costs and losses, focus on hazards 
        impacting Pennsylvania and the region, and identify 
        best practices for mitigating and avoiding disaster 
        impacts.
          Federal Disaster Assistance: Roles, Programs and 
        Coordination, held on June 17, 2015. The purpose of the 
        roundtable was to examine and discuss Federal disaster 
        assistance programs, the requirements and effectiveness 
        of those programs, and coordination among various 
        agencies and stakeholders.
          Controlling the Rising Cost of Federal Responses to 
        Disaster, held on May 12, 2016. The purpose of the 
        hearing was to begin exploring potential solutions and 
        the principles that should be driving solutions to 
        lower the overall costs of disasters and to help avoid 
        devastating losses.
          An Examination of FEMA's Limited Role in Local Land 
        Use Development Decisions, held on September 21, 2016. 
        The purpose of the hearing was to examine FEMA's role 
        and authorities under the National Flood Insurance 
        Program (NFIP), their impact on local land-use 
        development decisions, and the national implications of 
        FEMA's implementation of the NFIP.
          Building a 21st Century Infrastructure for America: 
        The National Preparedness System, held on Thursday, 
        March 16, 2017. The purpose of the hearing was to 
        assess the development, successes, and challenges of 
        the National Preparedness System and based on input 
        from key stakeholders, understand how well the 
        preparedness grant program is building national 
        preparedness capabilities.
          Building a 21st Century Infrastructure for America: 
        Mitigating Damage and Recovering Quickly from 
        Disasters, held on April 27, 2017. The purpose of the 
        hearing was to examine how to protect infrastructure 
        against future disaster damage, how to lower the 
        overall disaster costs, and to identify challenges 
        facing the FEMA in responding to, recovering from, and 
        mitigating against disasters, both natural and manmade.
          Emergency Response and Recovery: Central Takeaways 
        from the Unprecedented 2017 Hurricane Season, held on 
        November 2, 2017. The purpose of the hearing was to 
        explore initial lessons learned from the 2017 
        hurricanes, and identify key challenges and obstacles 
        that remain in the way of recovery. The discussions 
        helped inform discussions regarding long-term solutions 
        and legislative proposals with the goal of helping to 
        speed smart recovery in the impacted communities.
          Impacts of the 2017 Wildfires in the United States, 
        held on March 20, 2018. The purpose of the hearing was 
        to explore the lessons learned from the catastrophic 
        2017 wildfires, inform long-term policy solutions, and 
        highlight the importance of mitigation, including 
        provisions contained in DRRA.
          Are We Ready? Recovering from the 2017 Disasters and 
        Preparing for the 2018 Hurricane Season, held July 18, 
        2018. The Purpose of the hearing was to better 
        understand the status of the recovery from the 2017 
        disaster season, including hurricanes wildfires, as 
        well as the efforts to prepare for the 2018 hurricane 
        season.

                 Legislative History and Consideration

    On November 28, 2017, Congressman Lou Barletta (R-PA) and 
Congressman Henry C. ``Hank,'' Johnson, Jr. (D-GA) introduced 
H.R. 4460, the Disaster Recovery Reform Act, and it was 
referred to the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management, with an additional 
referral to the Committee on Financial Services.
    On November 30, 2017, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 4460. The 
Committee considered an amendment offered by Congressman Sean 
Maloney (D-NY) to require an independent review and report from 
the Inspector General of the Department of Homeland Security of 
disaster contracts in Puerto Rico, which was adopted by voice 
vote. Congressman Brian Mast (R-FL) offered an amendment 
related to algal blooms, which was withdrawn. An amendment was 
offered by Congressman Jared Huffman (D-CA) relating to 
wildfires, which failed by recorded vote. Congressman Duncan 
Hunter (R-CA), offered and withdrew an amendment relating to 
providing waivers to American-flagged ships. Congressman Garret 
Graves (R-LA) offered and withdrew two amendments, one related 
to disaster housing and the other related to rebuilding in the 
U.S. Virgin Islands and the Commonwealth of Puerto Rico. 
Finally, the Committee considered six amendments en bloc, which 
was adopted by voice vote.
    The Committee ordered the bill, as amended, reported 
favorably to the House by voice vote with a quorum present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each Committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During Committee consideration of H.R. 4460, as 
amended, record votes were taken on the following amendment:
    An amendment offered by Representative Huffman (D-CA) 
designated 116.
    The Committee disposed of this vote as follows:
    
    
    A motion to order H.R. 4460, as amended, reported favorably 
to the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 4460, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 8, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4460, the Disaster 
Recovery Reform Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4460--Disaster Recovery Reform Act

    Summary: H.R. 4460 would amend and authorize appropriations 
for several programs within the Federal Emergency Management 
Agency (FEMA). CBO estimates that the bill would authorize 
appropriations totaling $3.9 billion for FEMA over the 2019-
2022 period. Based on historical spending patterns, CBO 
estimates that implementing the bill would cost $1.4 billion 
over the 2019-2022 period and $2.6 billion in years after 2022, 
assuming appropriation of the authorized and necessary amounts.
    CBO estimates that enacting H.R. 4460 would increase direct 
spending by $268 million over the 2019-2027 period. Therefore, 
pay-as-you-go procedures apply. Enacting the bill would not 
affect revenues.
    CBO estimates that enacting H.R. 4460 would not increase 
net direct spending or on-budget deficits by more than $2.5 
billion in any of the four consecutive 10-year periods 
beginning in 2028.
    H.R. 4460 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 4460 is shown in the following table. 
The costs of this legislation fall within budget functions 400 
(transportation) and 450 (community and regional development).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2018-2022  2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Emergency Management Grants:
    Authorization Level.....................................      0    954    954    954    954      0      0      0      0      0     3,816      3,816
    Estimated Outlays.......................................      0     70    213    403    622    742    741    551    333    143     1,308      3,816
In-Lieu Public Assistance Contributions:
    Estimated Authorization Level...........................      0     21     21     21     21     21     21     21     21     21        84        189
    Estimated Outlays.......................................      0     21     21     21     21     21     21     21     21     21        84        189
Forgone Recoveries of Improper Payments:
    Estimated Authorization Level...........................      0      5      3      3      2      2      0      0      0      0        13         15
    Estimated Outlays.......................................      0      3      4      3      2      2      1      0      0      0        12         15
Wildfire Mitigation:
    Estimated Authorization Level...........................      0      6      6      6      6      6      6      6      6      6        24         54
    Estimated Outlays.......................................      0      *      2      3      5      6      6      6      6      6        10         40
Dispute Resolution Pilot Program:
    Estimated Authorization Level...........................      0      *      1      1      1      0      0      0      0      0         3          3
    Estimated Outlays.......................................      0      *      1      1      1      0      0      0      0      0         3          3
Additional Reporting Requirements:
    Estimated Authorization Level...........................      0      1      *      *      *      *      *      *      *      *         2          4
    Estimated Outlays.......................................      0      1      *      *      *      *      *      *      *      *         2          4
    Total Increases:
        Estimated Authorization Level.......................      0    987    985    985    984     29     27     27     27     27     3,942      4,081
        Estimated Outlays...................................      0     95    241    431    451    771    769    578    360    170     1,419      4,068
 
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Predisaster Mitigation Fund:
    Estimated Budget Authority..............................      0    120     24     24     24     24     24     24     24     24       192        312
    Estimated Outlays.......................................      0      6     25     54     40     32     29     24     24     24       125        258
Emergency Relief for Highway Repair:
    Budget Authority........................................      0      0      0      0      0      0      0      0      0      0         0          0
    Estimated Outlays.......................................      0      0      3      3      2      1      0      0      0      0         9         10
Forgone Recoveries of Improper Payments:
    Estimated Budget Authority..............................      0      0      0      0      0      0      0      0      0      0         1          0
    Estimated Outlays.......................................      0      2     -1      0      0      1     -2     -1      0      0         1          0
    Total Change:
        Estimated Budget Authority..........................      0    120     24     24     24     24     24     24     24     24       192        312
        Estimated Outlays...................................      0      9     27     57     42     33     28     24     24     24       135        268
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = less than $500,000.

    Basis of estimate: CBO assumes that H.R. 4460 will be 
enacted during fiscal year 2018 and that the authorized and 
necessary amounts will be appropriated for each year beginning 
in 2019.

Spending subject to appropriation

    CBO estimates that implementing H.R. 4460 would cost $1.4 
billion over the 2019-2022 period, subject to appropriation of 
the necessary amounts.
    Emergency Management Grants. H.R. 4460 would authorize the 
appropriation of $950 million annually over the 2019-2022 
period for FEMA to provide grants to states through the 
Emergency Management Performance Grant program. That program 
helps state, local, and tribal governments prepare for future 
disasters. In 2017, FEMA allocated $350 million to those 
grants.
    H.R. 4460 also would authorize the appropriation of $4 
million annually over the 2019-2022 period for FEMA to provide 
grants to the Emergency Management Assistance Compact. The 
compact provides assistance during governor-declared disasters 
through a system that allows member states to send personnel, 
equipment, and commodities to help with response and recovery 
efforts in other member states. In 2017, FEMA provided $2 
million in such grants.
    CBO estimates that grants for those emergency management 
programs would cost $1.3 billion over the 2019-2022 period and 
$2.5 billion after 2022.
    In-Lieu Public Assistance Contributions. Under current law, 
public or private nonprofit entities that own facilities that 
are substantially damaged during a major disaster have the 
option of receiving grants to repair the facility or a fraction 
of the grant amount as an in-lieu contribution for use on other 
restoration projects. The total in-lieu contribution is 90 
percent of repair costs for public facilities and 75 percent 
for private nonprofit facilities.
    H.R. 4460 would increase the maximum in-lieu contributions 
for both public and private nonprofit entities to 100 percent 
of the total grant amount. Using historical data provided by 
FEMA on such in-lieu awards, CBO estimates that implementing 
the bill would cost $84 million over the 2019-2022 period.
    Forgone Recoveries of Improper Payments. CBO estimates that 
authorizing FEMA to waive recoupment of certain improper 
payments would reduce direct spending by $15 million over the 
next 10 years. Under current law, recouped amounts are spent by 
the Disaster Relief Fund (DRF) for future disasters. (See the 
discussion under the heading Direct Spending.) Because the 
provision does not change any underlying authority to provide 
disaster relief, in CBO's view the bill implicitly authorizes 
the appropriation of amounts equal to the forgone funds. Thus, 
CBO estimates that implementing the provision would cost $12 
million over the 2019-2022 period, and $3 million after.
    Wildfire Mitigation. H.R. 4460 would authorize assistance 
for hazard mitigation in areas affected by wildfires. Under 
current law, FEMA may provide hazard mitigation funds to areas 
where the President has declared a major disaster. Under the 
bill, FEMA would be authorized to provide funds to areas 
affected by wildfires, regardless of whether the President has 
declared a major disaster. Using information provided by FEMA, 
CBO estimates that providing additional assistance would 
require the appropriation of $6 million annually and would cost 
$10 million over the 2019-2022 period.
    Dispute Resolution Pilot Program. The bill would extend the 
authority for FEMA to operate the Dispute Resolution Pilot 
Program through calendar year 2022. Under the pilot program, 
applicants for DRF public assistance grants that did not 
receive the total amount requested may seek arbitration in lieu 
of submitting an appeal to FEMA for additional assistance. 
Using information from FEMA on expected staff and travel costs 
for the pilot program, CBO estimates that continuing the 
program would cost $3 million over the 2019-2022 period.
    Additional Reporting Requirements. H.R. 4460 would require 
FEMA to issue four new regulations, four new pieces of 
guidance, and to prepare 11 new reports to the Congress over 
the next five years. Based on the costs of preparing similar 
reports and regulations, CBO estimates that meeting those 
requirements would cost $2 million over the 2019-2022 period.

Direct spending

    CBO estimates that enacting H.R. 4460 would increase direct 
spending by $268 million over the 2019-2027 period.
    Predisaster Mitigation Fund. H.R. 4460 would create a new 
fund called the National Public Infrastructure Predisaster 
Mitigation Fund. For each major disaster declaration after 
August 1, 2017, an amount equal to 6 percent of the total 
estimated funding FEMA expects to provide for certain disaster 
response grants would be deposited into the proposed fund. The 
fund would be used to provide technical and financial 
assistance to states and localities to carry out hazard 
mitigation designed to reduce injury, loss of life, and damage 
and destruction of property. Amounts in the fund could be spent 
without further appropriation.
    After enactment, CBO estimates, about $120 million--6 
percent of the estimated $2 billion in relevant disaster 
response grants expected to be made for disasters that occurred 
since August 1, 2017--would be transferred to the proposed fund 
in 2019. In recent years, FEMA has been provided an average of 
$400 million a year for the relevant disaster response grants. 
Assuming the Congress provides similar amounts for years after 
2019, $24 million a year (that is, 6 percent of $400 million) 
would be transferred to the fund. On the basis of historical 
spending patterns for predisaster mitigation, CBO estimates 
that spending under this section would total $258 million over 
the 2019-2027 period.
    Emergency Relief for Highway Repair. For 2018 and 2019, 
H.R. 4660 would remove the current limitation on funds 
available for emergency highway repairs for certain U.S. 
territories. Obligations from the emergency relief program are 
limited to $20 million per year. Without that cap, the 
territories could more quickly spend funds that were previously 
appropriated for the emergency relief program; CBO estimates 
that those funds would not otherwise be used before 2027. Using 
information about current demand for emergency relief funds, 
CBO estimates that enacting that provision would cost $10 
million over the 2019-2027 period.
    Forgone Recoveries of Improper Payments. Under current law, 
FEMA must recoup improper payments made for disaster 
assistance. Improper payments can result from, among other 
things, duplication of benefits (for example, receipt of two 
insurance payments for the same damage), processing errors, or 
fraud. All payments received through the recovery process are 
deposited in FEMA's DRF and may be spent on future disasters 
without further appropriation. Under H.R. 4460, FEMA could 
waive the recovery of improper payments made to individuals 
except in cases of fraud.
    The Government Accountability Office reported that about 3 
percent of the approximately $1.6 billion in FEMA individual 
assistance payments disbursed between 2012 and 2014 for 
Hurricane Sandy relief were improper or fraudulent. Based on a 
review of that report, CBO estimates that few of those payments 
(less than 5 percent) were the result of fraud. Using 
information from FEMA about the recoupment rate for improper 
payments after previous major disasters, CBO expects that about 
25 percent of those payments have been recovered. Thus, CBO 
estimates, upon enactment of H.R. 4460, $30 million of improper 
payments for individual assistance that are in the process of 
being recouped would be eligible to be waived.
    According to FEMA, waiving the recovery of improper 
payments would be on a case-by-case basis; therefore, there is 
little certainty about the amounts that would be collected. 
Because of how such waivers would be processed is uncertain, 
CBO assumes a 50 percent chance that collections of all 
estimated outstanding improper payments would be waived under 
the bill and a 50 percent chance that they would not, resulting 
in $15 million in lost recoveries over the 2019-2027 period. 
However, because those amounts would have been available to 
FEMA for future disaster relief payments without further 
appropriation, fewer collections also would reduce outlays, 
resulting in no net effect on direct spending over the 2019-
2027 period. However, because spending lags recoupments, there 
would be a $1 million cost over the 2018-2022 period.
    CBO has no basis to estimate the timing or magnitude of 
waivers that would be made under H.R. 4460 for recovery of 
improper payments that have not yet been disbursed.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4460, THE DISASTER RECOVERY REFORM ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND
                                                           INFRASTRUCTURE ON NOVEMBER 28, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2018-2022  2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..............................      0      9     57     42     33     28     24     24     24     24       135        268
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 4460 would not increase net direct 
spending or on-budget deficits by more than $2.5 billion in any 
of the four consecutive 10-year periods beginning in 2028.
    Mandates: H.R. 4460 contains no intergovernmental or 
private-sector mandates as defined in UMRA. Any costs incurred 
by public or private entities related to disaster assistance or 
grant programs under the Stafford Act would result from 
conditions of receiving federal assistance.
    Estimate prepared by: Federal costs: Robert Reese (Federal 
Emergency Management Agency) and Sarah Puro (Department of 
Transportation); Mandates: Jon Sperl.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation, as amended, 
is to improve the provision of disaster and mitigation 
assistance to eligible individuals and households and to 
eligible State, local, Tribal, and territorial governments and 
certain private nonprofit organizations.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 4460, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 4460, as amended, does 
not direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt State, local, 
or tribal law. The Committee states that H.R. 4460, as amended, 
does not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation, as amended, does 
not relate to the terms and conditions of employment or access 
to public services or accommodations within the meaning of 
section 102(b)(3) of the Congressional Accountability Act 
(Public Law 104-1).

               Section-by-Section Analysis of Legislation


Section 1. Short title; Table of contents

    This section designates the short title as the ``Disaster 
Recovery Reform Act.''

                      TITLE I: DISASTER MITIGATION

Section 101. National public infrastructure predisaster hazard 
        mitigation

    This section amends the Stafford Act to modify the 
predisaster hazard mitigation grant program.

Section 102. Additional mitigation activities

    This section requires Public Assistance projects to meet 
stronger standards and in a more resilient manner.

Section 103. Wildfire prevention

    This section assists states affected by wildfires with 
hazard mitigation assistance.

Section 104. Additional activities

    This section clarifies that activities that help reduce the 
risk of future damage, hardship, loss, or suffering in any area 
affected by a wildfire and windstorm damage are eligible for 
hazard mitigation assistance.

                TITLE II: DISASTER RESPONSE AND RECOVERY

Section 201. Federal cost-share adjustments for repair, restoration, 
        and replacement of damaged facilities

    This section provides incentives to States and Tribal 
governments for investments that increase disaster resilience.

Section 202. Eligibility for code implementation and enforcement

    This section clarifies the eligibility of surge code 
enforcers for disaster assistance to facilitate disaster 
recovery.

Section 203. Program improvements

    This section clarifies that the President may not condition 
the provision of Federal assistance on the election by a 
recipient to use alternative procedures.

Section 204. Prioritization of facilities

    This section requires FEMA to provide guidance and training 
on the need to prioritize assistance to hospitals, nursing 
homes, and other long-term care facilities.

Section 205. Guidance on evacuation routes

    This section requires FEMA and FHWA to develop guidance on 
evacuation routes.

Section 206. Proof of insurance

    This section allows for the encumbrance of a deed to 
qualify as meeting the proof of insurance requirement for 
States.

Section 207. Duplication of benefits

    This section authorizes the President to waive the 
prohibition on duplication of benefits. It also allows hazard 
mitigation assistance, under certain circumstances, to be used 
for certain Federally authorized water resource development 
projects.

Section 208. State administration of assistance for direct temporary 
        housing and permanent housing construction

    This section authorizes States to use Federal disaster 
assistance to directly administer temporary and permanent 
housing assistance for disaster victims.

Section 209. Assistance to individuals and households

    This section amends the Stafford Act to increase the amount 
of assistance available to individuals with disabilities.

Section 210. Multifamily lease and repair assistance

    This section amends the Stafford Act to allow greater 
flexibility and options for housing disaster victims.

Section 211. Federal disaster assistance nonprofit fairness

    This section clarifies the eligibility of community 
centers, including houses of worship, for federal disaster 
assistance.

Section 212. Management costs

    This section amends the Stafford Act to establish fixed 
rates to reimburse States and local governments for direct and 
indirect administrative costs incurred to implement disaster 
recovery projects.

Section 213. Flexibility

    This section allows FEMA to waive certain disaster 
assistance debts if such assistance was distributed based on an 
error by FEMA, there was no fault on behalf of the debtor, and 
the collection of the debt would be against equity and good 
conscience.

Section 214. Additional disaster assistance

    This section will help improve the economic recovery of 
regions affected by hurricanes and other disasters.

Section 215. National veterinary emergency teams

    This section establishes a pilot program for veterinarians 
to accompany urban search and rescue teams to take care of the 
search and rescue canines and to provide guidance to 
communities on pet care and sheltering during disasters.

Section 216. Dispute resolution pilot program

    This section extended the dispute resolution program 
created in the Sandy Recovery Improvement Act of 2013 through 
2022.

Section 217. Emergency relief

    This section provides for a waiver of certain limitations 
on certain highway emergency funds for fiscal years 2018 and 
2019.

      TITLE III: AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY

Section 301. Unified Federal environmental and historic preservation 
        review

    This section requires the FEMA Administrator to review the 
unified environmental and historic preservation review process 
and survey other agencies' categorical exclusions. It then 
requires the Administrator to issue regulations to implement 
any recommendations, including categorical exclusions, 
identified in the report and survey.

Section 302. Closeout incentives

    This section allows the Administrator to develop incentives 
that would encourage State, local, and Tribal governments to 
closeout expenditures and activities on a timely basis related 
to disaster or emergency assistance. FEMA is required to meet 
its responsibilities to improve closeout practices and reduce 
the time to close disaster program awards.

Section 303. Performance of services

    This section allows the Administrator to appoint temporary 
FEMA employees, after serving continuously for 1 year, to 
positions in the agency in the same manner as competitive 
service employees.

Section 304. Study to streamline and consolidate information

    This section directs the Administrator, along with other 
appropriate agencies, to conduct a study and develop innovative 
means to simplify the collection of applicant and grantee 
information and the sharing of such information among disaster 
assistance agencies.

Section 305. Agency accountability

    This section directs FEMA to provide regular reports on 
their website regarding disaster spending, disaster contracts, 
and other related disaster activities.

Section 306. Audit of contracts

    This section prohibits FEMA from reimbursing any contract 
that prohibits oversight or auditing.

Section 307. Inspector General audit of FEMA contracts for tarps and 
        plastic sheeting

    This section requires the Department of Homeland Security 
Office of Inspector General to provide an audit report on the 
FEMA contracts to purchase tarps and plastic sheeting for 
Puerto Rico and the U.S. Virgin Islands after Hurricane Maria.

Section 308. Relief organizations

    This section adds long-term recovery groups and domestic 
hunger relief to the list of organizations with which FEMA may 
coordinate.

Section 309. Guidance on inundated and submerged roads

    This section requires FEMA, in coordination with the U.S. 
Federal Highway Administration, to issue guidance regarding the 
eligibility of inundated and submerged roads under the Public 
Assistance Grant program.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT




           *       *       *       *       *       *       *
TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

           *       *       *       *       *       *       *



                              definitions

  Sec. 102. As used in this Act--
          (1) Emergency.--``Emergency'' means any occasion or 
        instance for which, in the determination of the 
        President, Federal assistance is needed to supplement 
        State and local efforts and capabilities to save lives 
        and to protect property and public health and safety, 
        or to lessen or avert the threat of a catastrophe in 
        any part of the United States.
          (2) Major disaster.--``Major disaster'' means any 
        natural catastrophe (including any hurricane, tornado, 
        storm, high water, winddriven water, tidal wave, 
        tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, or drought), or, regardless of 
        cause, any fire, flood, or explosion, in any part of 
        the United States, which in the determination of the 
        President causes damage of sufficient severity and 
        magnitude to warrant major disaster assistance under 
        this Act to supplement the efforts and available 
        resources of States, local governments, and disaster 
        relief organizations in alleviating the damage, loss, 
        hardship, or suffering caused thereby.
          (3) ``United States'' means the fifty States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.
          (4) ``State'' means any State of the United States, 
        the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
          (5) ``Governor'' means the chief executive of any 
        State.
          (6) Indian tribal government.--The term ``Indian 
        tribal government'' means the governing body of any 
        Indian or Alaska Native tribe, band, nation, pueblo, 
        village, or community that the Secretary of the 
        Interior acknowledges to exist as an Indian tribe under 
        the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a et seq.).
          (7) Individual with a disability.--The term 
        ``individual with a disability'' means an individual 
        with a disability as defined in section 3(2) of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102(2)).
          (8) Local government.--The term ``local government'' 
        means--
                  (A) a county, municipality, city, town, 
                township, local public authority, school 
                district, special district, intrastate 
                district, council of governments (regardless of 
                whether the council of governments is 
                incorporated as a nonprofit corporation under 
                State law), regional or interstate government 
                entity, or agency or instrumentality of a local 
                government;
                  (B) an Indian tribe or authorized tribal 
                organization, or Alaska Native village or 
                organization, that is not an Indian tribal 
                government as defined in paragraph (6); and
                  (C) a rural community, unincorporated town or 
                village, or other public entity, for which an 
                application for assistance is made by a State 
                or political subdivision of a State.
          (9) ``Federal agency'' means any department, 
        independent establishment, Government corporation, or 
        other agency of the executive branch of the Federal 
        Government, including the United States Postal Service, 
        but shall not include the American National Red Cross.
          (10) Public facility.--``Public facility'' means the 
        following facilities owned by a State or local 
        government:
                  (A) Any flood control, navigation, 
                irrigation, reclamation, public power, sewage 
                treatment and collection, water supply and 
                distribution, watershed development, or airport 
                facility.
                  (B) Any non-Federal-aid street, road, or 
                highway.
                  (C) Any other public building, structure, or 
                system, including those used for educational, 
                recreational, or cultural purposes.
                  (D) Any park.
          (11) Private nonprofit facility.--
                  (A) In general.--The term ``private nonprofit 
                facility'' means private nonprofit educational, 
                utility, irrigation, emergency, medical, 
                rehabilitational, and temporary or permanent 
                custodial care facilities (including those for 
                the aged and disabled) and facilities on Indian 
                reservations, as defined by the President.
                  [(B) Additional facilities.--In addition to 
                the facilities described in subparagraph (A), 
                the term ``private nonprofit facility'' 
                includes any private nonprofit facility that 
                provides essential services of a governmental 
                nature to the general public (including 
                museums, zoos, performing arts facilities, 
                community arts centers, libraries, homeless 
                shelters, senior citizen centers, 
                rehabilitation facilities, shelter workshops, 
                broadcasting facilities, and facilities that 
                provide health and safety services of a 
                governmental nature), as defined by the 
                President.]
                  (B) Additional facilities.--In addition to 
                the facilities described in subparagraph (A), 
                the term ``private nonprofit facility'' 
                includes any private nonprofit facility that 
                provides essential services of a governmental 
                nature to the general public (including 
                museums, zoos, performing arts facilities, 
                community arts centers, community centers, 
                houses of worship exempt from taxation under 
                section 501(c) of the Internal Revenue Code of 
                1986, libraries, homeless shelters, senior 
                citizen centers, rehabilitation facilities, 
                shelter workshops, food banks, and facilities 
                that provide health and safety services of a 
                governmental nature), as defined by the 
                President.
          (12) Chief executive.--The term ``Chief Executive'' 
        means the person who is the Chief, Chairman, Governor, 
        President, or similar executive official of an Indian 
        tribal government.

           *       *       *       *       *       *       *


TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

           *       *       *       *       *       *       *


SEC. 203. PREDISASTER HAZARD MITIGATION.

  (a) Definition of Small Impoverished Community.--In this 
section, the term ``small impoverished community'' means a 
community of 3,000 or fewer individuals that is economically 
disadvantaged, as determined by the State in which the 
community is located and based on criteria established by the 
President.
  (b) Establishment of Program.--The President may establish a 
program to provide technical and financial assistance to States 
and local governments to assist in the implementation of 
predisaster hazard mitigation measures that are cost-effective 
and are designed to reduce injuries, loss of life, and damage 
and destruction of property, including damage to critical 
services and facilities under the jurisdiction of the States or 
local governments.
  (c) Approval by President.--If the President determines that 
a State or local government has identified natural disaster 
hazards in areas under its jurisdiction and has demonstrated 
the ability to form effective public-private natural disaster 
hazard mitigation partnerships, the President, using amounts in 
the National Public Predisaster Mitigation Fund established 
under subsection (i) (referred to in this section as the 
``Fund''), may provide technical and financial assistance to 
the State or local government to be used in accordance with 
subsection (e).
  (d) State Recommendations.--
          (1) In general.--
                  (A) Recommendations.--The Governor of each 
                State may recommend to the President not fewer 
                than five local governments to receive 
                assistance under this section.
                  (B) Deadline for submission.--The 
                recommendations under subparagraph (A) shall be 
                submitted to the President not later than 
                October 1, 2001, and each October 1st 
                thereafter or such later date in the year as 
                the President may establish.
                  (C) Criteria.--In making recommendations 
                under subparagraph (A), a Governor shall 
                consider the criteria specified in subsection 
                (g).
          (2) Use.--
                  (A) In general.--Except as provided in 
                subparagraph (B), in providing assistance to 
                local governments under this section, the 
                President shall select from local governments 
                recommended by the Governors under this 
                subsection.
                  (B) Extraordinary circumstances.--In 
                providing assistance to local governments under 
                this section, the President may select a local 
                government that has not been recommended by a 
                Governor under this subsection if the President 
                determines that extraordinary circumstances 
                justify the selection and that making the 
                selection will further the purpose of this 
                section.
          (3) Effect of failure to nominate.--If a Governor of 
        a State fails to submit recommendations under this 
        subsection in a timely manner, the President may 
        select, subject to the criteria specified in subsection 
        (g), any local governments of the State to receive 
        assistance under this section.
  (e) Uses of Technical and Financial Assistance.--
          (1) In general.--Technical and financial assistance 
        provided under this section--
                  (A) shall be used by States and local 
                governments principally to implement 
                predisaster hazard mitigation measures that are 
                cost-effective and are described in proposals 
                approved by the President under this section; 
                and
                  (B) may be used--
                          (i) to support effective public-
                        private natural disaster hazard 
                        mitigation partnerships;
                          (ii) to improve the assessment of a 
                        community's vulnerability to natural 
                        hazards; [or]
                          (iii) to establish hazard mitigation 
                        priorities, and an appropriate hazard 
                        mitigation plan, for a community[.]; or
                          (iv) to establish and carry out 
                        enforcement activities to implement the 
                        latest published editions of relevant 
                        consensus-based codes, specifications, 
                        and standards that incorporate the 
                        latest hazard-resistant designs and 
                        establish minimum acceptable criteria 
                        for the design, construction, and 
                        maintenance of residential structures 
                        and facilities that may be eligible for 
                        assistance under this Act for the 
                        purpose of protecting the health, 
                        safety, and general welfare of the 
                        buildings' users against disasters.
          (2) Dissemination.--A State or local government may 
        use not more than 10 percent of the financial 
        assistance received by the State or local government 
        under this section for a fiscal year to fund activities 
        to disseminate information regarding cost-effective 
        mitigation technologies.
  (f) Allocation of Funds.--
          (1) In general.--The President shall award financial 
        assistance under this section on a competitive basis 
        for mitigation activities that are cost effective and 
        in accordance with the criteria in subsection (g).
          (2) Minimum and maximum amounts.--In providing 
        financial assistance under this section, the President 
        shall ensure that the amount of financial assistance 
        made available to a State (including amounts made 
        available to local governments of the State) for a 
        fiscal year--
                  (A) is not less than the lesser of--
                          (i) $575,000; or
                          (ii) the amount that is equal to 1 
                        percent of the total funds appropriated 
                        to carry out this section for the 
                        fiscal year; and
                  (B) does not exceed the amount that is equal 
                to 15 percent of the total funds appropriated 
                to carry out this section for the fiscal year.
          (3) Redistribution of unobligated amounts.--The 
        President shall--
                  (A) withdraw amounts of financial assistance 
                made available to a State (including amounts 
                made available to local governments of a State) 
                under this subsection that remain unobligated 
                by the end of the third fiscal year after the 
                fiscal year for which the amounts were 
                allocated; and
                  (B) in the fiscal year following a fiscal 
                year in which amounts were withdrawn under 
                subparagraph (A), add the amounts to any other 
                amounts available to be awarded on a 
                competitive basis pursuant to paragraph (1).
  (g) Criteria for Assistance Awards.--In determining whether 
to provide technical and financial assistance to a State or 
local government under this section, the President shall take 
into account--
          (1) the extent and nature of the hazards to be 
        mitigated;
          (2) the degree of commitment of the State or local 
        government to reduce damages from future natural 
        disasters;
          (3) the degree of commitment by the State or local 
        government to support ongoing non-Federal support for 
        the hazard mitigation measures to be carried out using 
        the technical and financial assistance;
          (4) the extent to which the hazard mitigation 
        measures to be carried out using the technical and 
        financial assistance contribute to the mitigation goals 
        and priorities established by the State;
          (5) the extent to which the technical and financial 
        assistance is consistent with other assistance provided 
        under this Act;
          (6) the extent to which prioritized, cost-effective 
        mitigation activities that produce meaningful and 
        definable outcomes are clearly identified;
          (7) if the State or local government has submitted a 
        mitigation plan under section 322, the extent to which 
        the activities identified under paragraph (6) are 
        consistent with the mitigation plan;
          (8) the opportunity to fund activities that maximize 
        net benefits to society;
          (9) the extent to which assistance will fund 
        mitigation activities in small impoverished 
        communities; [and]
          (10) the extent to which the State or local 
        government has facilitated the adoption and enforcement 
        of the latest published editions of relevant consensus-
        based codes, specifications, and standards that 
        incorporate the latest hazard-resistant designs and 
        establish criteria for the design, construction, and 
        maintenance of residential structures and facilities 
        that may be eligible for assistance under this Act for 
        the purpose of protecting the health, safety, and 
        general welfare of the buildings' users against 
        disasters;
          (11) the extent to which the assistance will fund 
        activities that increase the level of resiliency; and
          [(10)] (12) such other criteria as the President 
        establishes in consultation with State and local 
        governments.
  (h) Federal Share.--
          (1) In general.--Financial assistance provided under 
        this section may contribute up to 75 percent of the 
        total cost of mitigation activities approved by the 
        President.
          (2) Small impoverished communities.--Notwithstanding 
        paragraph (1), the President may contribute up to 90 
        percent of the total cost of a mitigation activity 
        carried out in a small impoverished community.
  [(i) National Predisaster Mitigation Fund.--
          [(1) Establishment.--The President may establish in 
        the Treasury of the United States a fund to be known as 
        the ``National Predisaster Mitigation Fund'', to be 
        used in carrying out this section.
          [(2) Transfers to fund.--There shall be deposited in 
        the Fund--
                  [(A) amounts appropriated to carry out this 
                section, which shall remain available until 
                expended; and
                  [(B) sums available from gifts, bequests, or 
                donations of services or property received by 
                the President for the purpose of predisaster 
                hazard mitigation.
          [(3) Expenditures from fund.--Upon request by the 
        President, the Secretary of the Treasury shall transfer 
        from the Fund to the President such amounts as the 
        President determines are necessary to provide technical 
        and financial assistance under this section.
          [(4) Investment of amounts.--
                  [(A) In general.--The Secretary of the 
                Treasury shall invest such portion of the Fund 
                as is not, in the judgment of the Secretary of 
                the Treasury, required to meet current 
                withdrawals. Investments may be made only in 
                interest-bearing obligations of the United 
                States.
                  [(B) Acquisition of obligations.--For the 
                purpose of investments under subparagraph (A), 
                obligations may be acquired--
                          [(i) on original issue at the issue 
                        price; or
                          [(ii) by purchase of outstanding 
                        obligations at the market price.
                  [(C) Sale of obligations.--Any obligation 
                acquired by the Fund may be sold by the 
                Secretary of the Treasury at the market price.
                  [(D) Credits to fund.--The interest on, and 
                the proceeds from the sale or redemption of, 
                any obligations held in the Fund shall be 
                credited to and form a part of the Fund.
                  [(E) Transfers of amounts.--
                          [(i) In general.--The amounts 
                        required to be transferred to the Fund 
                        under this subsection shall be 
                        transferred at least monthly from the 
                        general fund of the Treasury to the 
                        Fund on the basis of estimates made by 
                        the Secretary of the Treasury.
                          [(ii) Adjustments.--Proper adjustment 
                        shall be made in amounts subsequently 
                        transferred to the extent prior 
                        estimates were in excess of or less 
                        than the amounts required to be 
                        transferred.]
  (i) National Public Infrastructure Predisaster Mitigation 
Fund.--
          (1) Establishment.--The President shall establish in 
        the Treasury of the United States a separate account 
        called the National Public Infrastructure Predisaster 
        Mitigation Fund (in this section referred to as the 
        ``Predisaster Mitigation Fund''), which shall be used 
        exclusively to carry out this section, with amounts in 
        such account to be available until expended unless 
        otherwise provided.
          (2) Transfers to predisaster mitigation fund.--
                  (A) In general.--There shall be deposited in 
                the Predisaster Mitigation Fund with respect to 
                each disaster declared on or after August 1, 
                2017, an additional amount equal to 6 percent 
                of the estimated aggregate amount of grants to 
                be made pursuant to sections 403, 406, 407, 
                408, 410, and 416.
                  (B) Estimated aggregate amount.--Not later 
                than 180 days after each major disaster 
                declaration, the estimated aggregate amount of 
                grants on which the amount calculated in 
                subparagraph (A) is based shall be determined 
                and need not be reduced, increased, or changed 
                due to variations in estimates.
  (j) Limitation on Total Amount of Financial Assistance.--The 
President shall not provide financial assistance under this 
section in an amount greater than the amount available in the 
Fund.
  (k) Multihazard Advisory Maps.--
          (1) Definition of multihazard advisory map.--In this 
        subsection, the term ``multihazard advisory map'' means 
        a map on which hazard data concerning each type of 
        natural disaster is identified simultaneously for the 
        purpose of showing areas of hazard overlap.
          (2) Development of maps.--In consultation with 
        States, local governments, and appropriate Federal 
        agencies, the President shall develop multihazard 
        advisory maps for areas, in not fewer than five States, 
        that are subject to commonly recurring natural hazards 
        (including flooding, hurricanes and severe winds, and 
        seismic events).
          (3) Use of technology.--In developing multihazard 
        advisory maps under this subsection, the President 
        shall use, to the maximum extent practicable, the most 
        cost-effective and efficient technology available.
          (4) Use of maps.--
                  (A) Advisory nature.--The multihazard 
                advisory maps shall be considered to be 
                advisory and shall not require the development 
                of any new policy by, or impose any new policy 
                on, any government or private entity.
                  (B) Availability of maps.--The multihazard 
                advisory maps shall be made available to the 
                appropriate State and local governments for the 
                purposes of--
                          (i) informing the general public 
                        about the risks of natural hazards in 
                        the areas described in paragraph (2);
                          (ii) supporting the activities 
                        described in subsection (e); and
                          (iii) other public uses.
  (l) Report on Federal and State Administration.--Not later 
than 18 months after the date of the enactment of this section, 
the President, in consultation with State and local 
governments, shall submit to Congress a report evaluating 
efforts to implement this section and recommending a process 
for transferring greater authority and responsibility for 
administering the assistance program established under this 
section to capable States.
  [(m) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $180,000,000 for fiscal year 2011;
          [(2) $200,000,000 for fiscal year 2012; and
          [(3) $200,000,000 for fiscal year 2013.]
  [(n)] (m) Prohibition on Earmarks.--
          (1) Definition.--In this subsection, the term 
        ``congressionally directed spending'' means a statutory 
        provision or report language included primarily at the 
        request of a Senator or a Member, Delegate or Resident 
        Commissioner of the House of Representatives providing, 
        authorizing, or recommending a specific amount of 
        discretionary budget authority, credit authority, or 
        other spending authority for a contract, loan, loan 
        guarantee, grant, loan authority, or other expenditure 
        with or to an entity, or targeted to a specific State, 
        locality, or Congressional district, other than through 
        a statutory or administrative formula-driven or 
        competitive award process.
          (2) Prohibition.--None of the funds appropriated or 
        otherwise made available to carry out this section may 
        be used for congressionally directed spending.
          (3) Certification to congress.--The Administrator of 
        the Federal Emergency Management Agency shall submit to 
        Congress a certification regarding whether all 
        financial assistance under this section was awarded in 
        accordance with this section.

           *       *       *       *       *       *       *


TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


                        performance of services

  Sec. 306. (a) In carrying out the purposes of this Act, any 
Federal agency is authorized to accept and utilize the services 
or facilities of any State or local government, or of any 
agency, office, or employee thereof, with the consent of such 
government.
  (b) In performing any services under this Act, any Federal 
agency is authorized--
          (1) to appoint and fix the compensation of such 
        temporary personnel as may be necessary, without regard 
        to the provisions of title 5, United States Code, 
        governing appointments in competitive service;
          (2) to employ experts and consultants in accordance 
        with the provisions of section 3109 of such title, 
        without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates; and
          (3) to incur obligations on behalf of the United 
        States by contract or otherwise for the acquisition, 
        rental, or hire of equipment, services, materials, and 
        supplies for shipping, drayage, travel, and 
        communications, and for the supervision and 
        administration of such activities. Such obligations, 
        including obligations arising out of the temporary 
        employment of additional personnel, may be incurred by 
        an agency in such amount as may be made available to it 
        by the President.
  (c) The Administrator of the Federal Emergency Management 
Agency is authorized to appoint temporary personnel, after 
serving continuously for 1 year, to positions in the Agency in 
the same manner that competitive service employees are 
considered for transfer, reassignment, or promotion to such 
positions. An individual appointed under this subsection shall 
become a career-conditional employee, unless the employee has 
already completed the service requirements for career tenure.

           *       *       *       *       *       *       *


              use and coordination of relief organizations

  Sec. 309. (a) In providing relief and assistance under this 
Act, the President may utilize, with their consent, the 
personnel and facilities of the American National Red Cross, 
the Salvation Army, the Mennonite Disaster Service, [and other 
relief or] long-term recovery groups, and other relief, 
domestic hunger relief, or disaster assistance organizations, 
in the distribution of medicine, food, supplies, or other 
items, and in the restoration, rehabilitation, or 
reconstruction of community services housing and essential 
facilities, whenever the President finds that such utilization 
is necessary.
  (b) The President is authorized to enter into agreements with 
the American National Red Cross, the Salvation Army, the 
Mennonite Disaster Service, [and other relief or] long-term 
recovery groups, and other relief, domestic hunger relief, or 
disaster assistance organizations under which the disaster 
relief activities of such organizations may be coordinated by 
the Federal coordinating officer whenever such organizations 
are engaged in providing relief during and after a major 
disaster or emergency. Any such agreement shall include 
provisions assuring that use of Federal facilities, supplies, 
and services will be in compliance with regulations prohibiting 
duplication of benefits and guaranteeing nondiscrimination 
promulgated by the President under this Act, and such other 
regulation as the President may require.

           *       *       *       *       *       *       *


SEC. 312. DUPLICATION OF BENEFITS.

  (a) General Prohibition.--The President, in consultation with 
the head of each Federal agency administering any program 
providing financial assistance to persons, business concerns, 
or other entities suffering losses as a result of a major 
disaster or emergency, shall assure that no such person, 
business concern, or other entity will receive such assistance 
with respect to any part of such loss as to which he has 
received financial assistance under any other program or from 
insurance or any other source.
  (b) Special Rules.--
          (1) Limitation.--This section shall not prohibit the 
        provision of Federal assistance to a person who is or 
        may be entitled to receive benefits for the same 
        purposes from another source if such person has not 
        received such other benefits by the time of application 
        for Federal assistance and if such person agrees to 
        repay all duplicative assistance to the agency 
        providing the Federal assistance.
          (2) Procedures.--The President shall establish such 
        procedures as the President considers necessary to 
        ensure uniformity in preventing duplication of 
        benefits.
          (3) Effect of partial benefits.--Receipt of partial 
        benefits for a major disaster or emergency shall not 
        preclude provision of additional Federal assistance for 
        any part of a loss or need for which benefits have not 
        been provided.
          (4) Waiver of general prohibition.--
                  (A) In general.--The President may waive the 
                general prohibition provided in subsection (a) 
                upon request of a Governor on behalf of the 
                State or on behalf of a person, business 
                concern, or any other entity suffering losses 
                as a result of a major disaster or emergency, 
                if the President finds such waiver is in the 
                public interest and will not result in waste, 
                fraud, or abuse. In making this decision, the 
                President may consider the following:
                          (i) The recommendations of the 
                        Administrator of the Federal Emergency 
                        Management Agency made in consultation 
                        with the Federal agency or agencies 
                        administering the duplicative program.
                          (ii) If a waiver is granted, the 
                        assistance to be funded is cost 
                        effective.
                          (iii) Equity and good conscience.
                          (iv) Other matters of public policy 
                        considered appropriate by the 
                        President.
                  (B) Grant or denial of waiver.--A request 
                under subparagraph (A) shall be granted or 
                denied not later than 45 days after submission 
                of such request.
                  (C) Prohibition on determination that loan is 
                a duplication.--Notwithstanding subsection (c), 
                in carrying out subparagraph (A), the President 
                may not determine that a loan is a duplication 
                of assistance, provided that all Federal 
                assistance is used toward a loss suffered as a 
                result of the major disaster or emergency.
  (c) Recovery of Duplicative Benefits.--A person receiving 
Federal assistance for a major disaster or emergency shall be 
liable to the United States to the extent that such assistance 
duplicates benefits available to the person for the same 
purpose from another source. The agency which provided the 
duplicative assistance shall collect such duplicative 
assistance from the recipient in accordance with chapter 37 of 
title 31, United States Code, relating to debt collection, when 
the head of such agency considers it to be in the best interest 
of the Federal Government.
  (d) Assistance Not Income.--Federal major disaster and 
emergency assistance provided to individuals and families under 
this Act, and comparable disaster assistance provided by 
States, local governments, and disaster assistance 
organizations, shall not be considered as income or a resource 
when determining eligibility for or benefit levels under 
federally funded income assistance or resource-tested benefit 
programs.

           *       *       *       *       *       *       *


SEC. 322. MITIGATION PLANNING.

  (a) Requirement of Mitigation Plan.--As a condition of 
receipt of an increased Federal share for hazard mitigation 
measures under subsection (e), a State, local, or tribal 
government shall develop and submit for approval to the 
President a mitigation plan that outlines processes for 
identifying the natural hazards, risks, and vulnerabilities of 
the area under the jurisdiction of the government.
  (b) Local and Tribal Plans.--Each mitigation plan developed 
by a local or tribal government shall--
          (1) describe actions to mitigate hazards, risks, and 
        vulnerabilities identified under the plan; and
          (2) establish a strategy to implement those actions.
  (c) State Plans.--The State process of development of a 
mitigation plan under this section shall--
          (1) identify the natural hazards, risks, and 
        vulnerabilities of areas in the State;
          (2) support development of local mitigation plans;
          (3) provide for technical assistance to local and 
        tribal governments for mitigation planning; and
          (4) identify and prioritize mitigation actions that 
        the State will support, as resources become available.
  (d) Funding.--
          (1) In general.--Federal contributions under section 
        404 may be used to fund the development and updating of 
        mitigation plans under this section.
          (2) Maximum federal contribution.--With respect to 
        any mitigation plan, a State, local, or tribal 
        government may use an amount of Federal contributions 
        under section 404 not to exceed 7 percent of the amount 
        of such contributions available to the government as of 
        a date determined by the government.
  (e) Increased Federal Share for Hazard Mitigation Measures.--
          (1) In general.--If, at the time of the declaration 
        of a major disaster or event under section 420, a State 
        has in effect an approved mitigation plan under this 
        section, the President may increase to 20 percent, with 
        respect to the major disaster or event under section 
        420, the maximum percentage specified in the last 
        sentence of section 404(a).
          (2) Factors for consideration.--In determining 
        whether to increase the maximum percentage under 
        paragraph (1), the President shall consider whether the 
        State has established--
                  (A) eligibility criteria for property 
                acquisition and other types of mitigation 
                measures;
                  (B) requirements for cost effectiveness that 
                are related to the eligibility criteria;
                  (C) a system of priorities that is related to 
                the eligibility criteria; and
                  (D) a process by which an assessment of the 
                effectiveness of a mitigation action may be 
                carried out after the mitigation action is 
                complete.

           *       *       *       *       *       *       *


SEC. 324. MANAGEMENT COSTS.

  (a) Definition of Management Cost.--In this section, the term 
``management cost'' includes any indirect cost, [any 
administrative expense, and any other expense not directly 
chargeable to] direct administrative cost, and any other 
administrative expense associated with a specific project under 
a major disaster, emergency, or disaster preparedness or 
mitigation activity or measure.
  (b) Establishment of Management Cost Rates.--
[Notwithstanding]
          (1) In general._Notwithstanding  any other provision 
        of law (including any administrative rule or guidance), 
        the President shall by regulation [establish] implement 
        management cost rates, for grantees and subgrantees, 
        that shall be used to determine contributions under 
        this Act for management costs.
          (2) Specific management costs.--The Administrator 
        shall provide the following percentage rates, in 
        addition to the eligible project costs, to cover direct 
        and indirect costs of administering the following 
        programs:
                  (A) Hazard mitigation.--A grantee under 
                section 404 may be reimbursed not more than 15 
                percent of the total amount of the grant award 
                under such section of which not more than 10 
                percent may be used by the grantee and 5 
                percent by the subgrantee for such costs.
                  (B) Public assistance.--A grantee under 
                sections 403, 406, 407, and 502 may be 
                reimbursed not more than 12 percent of the 
                total award amount under such sections, of 
                which not more than 7 percent may be used by 
                the grantee and 5 percent by the subgrantee for 
                such costs.
  (c) Review.--The President shall review the management cost 
rates established under subsection (b) not later than 3 years 
after the date of establishment of the rates and periodically 
thereafter.

           *       *       *       *       *       *       *


TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


SEC. 403. ESSENTIAL ASSISTANCE.

  (a) In General.--Federal agencies may on the direction of the 
President, provide assistance essential to meeting immediate 
threats to life and property resulting from a major disaster, 
as follows:
          (1) Federal resources, generally.--Utilizing, 
        lending, or donating to State and local governments 
        Federal equipment, supplies, facilities, personnel, and 
        other resources, other than the extension of credit, 
        for use or distribution by such governments in 
        accordance with the purposes of this Act.
          (2) Medicine, food, and other consumables.--
        Distributing or rendering through State and local 
        governments, the American National Red Cross, the 
        Salvation Army, the Mennonite Disaster Service, and 
        other relief and disaster assistance organizations 
        medicine durable medical equipment,, food, and other 
        consumable supplies, and other services and assistance 
        to disaster victims.
          (3) Work and services to save lives and protect 
        property.--Performing on public or private lands or 
        waters any work or services essential to saving lives 
        and protecting and preserving property or public health 
        and safety, including--
                  (A) debris removal;
                  (B) search and rescue, emergency medical 
                care, emergency mass care, emergency shelter, 
                and provision of food, water, medicinedurable 
                medical equipment,, and other essential needs, 
                including movement of supplies or persons;
                  (C) clearance of roads and construction of 
                temporary bridges necessary to the performance 
                of emergency tasks and essential community 
                services;
                  (D) provision of temporary facilities for 
                schools and other essential community services;
                  (E) demolition of unsafe structures which 
                endanger the public;
                  (F) warning of further risks and hazards;
                  (G) dissemination of public information and 
                assistance regarding health and safety 
                measures;
                  (H) provision of technical advice to State 
                and local governments on disaster management 
                and control;
                  (I) reduction of immediate threats to life, 
                property, and public health and safety; and
                  (J) provision of rescue, care, shelter, and 
                essential needs--
                          (i) to individuals with household 
                        pets and service animals; and
                          (ii) to such pets and animals.
                  [(J) provision of rescue, care, shelter, and 
                essential needs--
                          [(i) to individuals with household 
                        pets and service animals; and
                          [(ii) to such pets and animals.]
          (4) Contributions.--Making contributions to State or 
        local governments or owners or operators of private 
        nonprofit facilities for the purpose of carrying out 
        the provisions of this subsection.
  (b) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of such assistance.
  (c) Utilization of DOD Resources.--
          (1) General rule.--During the immediate aftermath of 
        an incident which may ultimately qualify for assistance 
        under this title or title V of this Act, the Governor 
        of the State in which such incident occurred may 
        request the President to direct the Secretary of 
        Defense to utilize the resources of the Department of 
        Defense for the purpose of performing on public and 
        private lands any emergency work which is made 
        necessary by such incident and which is essential for 
        the preservation of life and property. If the President 
        determines that such work is essential for the 
        preservation of life and property, the President shall 
        grant such request to the extent the President 
        determines practicable. Such emergency work may only be 
        carried out for a period not to exceed 10 days.
          (2) Rules applicable to debris removal.--Any removal 
        of debris and wreckage carried out under this 
        subsection shall be subject to section 407(b), relating 
        to unconditional authorization and indemnification for 
        debris removal.
          (3) Expenditures out of disaster relief funds.--The 
        cost of any assistance provided pursuant to this 
        subsection shall be reimbursed out of funds made 
        available to carry out this Act.
          (4) Federal share.--The Federal share of assistance 
        under this subsection shall be not less than 75 
        percent.
          (5) Guidelines.--Not later than 180 days after the 
        date of the enactment of the Disaster Relief and 
        Emergency Assistance Amendments of 1988, the President 
        shall issue guidelines for carrying out this 
        subsection. Such guidelines shall consider any likely 
        effect assistance under this subsection will have on 
        the availability of other forms of assistance under 
        this Act.
          (6) Definitions.--For purposes of this section--
                  (A) Department of defense.--The term 
                ``Department of Defense'' has the meaning the 
                term ``department'' has under section 101 of 
                title 10, United States Code.
                  (B) Emergency work.--The term ``emergency 
                work'' includes clearance and removal of debris 
                and wreckage and temporary restoration of 
                essential public facilities and services.
  (d) Salaries and Benefits.--
          (1) In general.--If the President declares a major 
        disaster or emergency for an area within the 
        jurisdiction of a State, tribal, or local government, 
        the President may reimburse the State, tribal, or local 
        government for costs relating to--
                  (A) basic pay and benefits for permanent 
                employees of the State, tribal, or local 
                government conducting emergency protective 
                measures under this section, if--
                          (i) the work is not typically 
                        performed by the employees; and
                          (ii) the type of work may otherwise 
                        be carried out by contract or agreement 
                        with private organizations, firms, or 
                        individuals.; or
                  (B) overtime and hazardous duty compensation 
                for permanent employees of the State, tribal, 
                or local government conducting emergency 
                protective measures under this section.
          (2) Overtime.--The guidelines for reimbursement for 
        costs under paragraph (1) shall ensure that no State, 
        tribal, or local government is denied reimbursement for 
        overtime payments that are required pursuant to the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
          (3) No effect on mutual aid pacts.--Nothing in this 
        subsection shall affect the ability of the President to 
        reimburse labor force expenses provided pursuant to an 
        authorized mutual aid pact.

SEC. 404. HAZARD MITIGATION.

  (a) In General.--[The President may contribute up to 75 
percent of the cost of hazard mitigation measures which the 
President has determined are cost-effective and which 
substantially reduce the risk of future damage, hardship, loss, 
or suffering in any area affected by a major disaster.] The 
President may contribute up to 75 percent of the cost of hazard 
mitigation measures which the President has determined are cost 
effective and which substantially reduce the risk of, or 
increase resilience to, future damage, hardship, loss, or 
suffering in any area affected by a major disaster, or any area 
affected by a fire for which assistance was provided under 
section 420. Such measures shall be identified following the 
evaluation of natural hazards under section 322 and shall be 
subject to approval by the President. Subject to section 322, 
the total of contributions under this section for a major 
disaster or event under section 420 shall not exceed 15 percent 
for amounts not more than $2,000,000,000, 10 percent for 
amounts of more than $2,000,000,000 and not more than 
$10,000,000,000, and 7.5 percent on amounts of more than 
$10,000,000,000 and not more than $35,333,000,000 of the 
estimated aggregate amount of grants to be made (less any 
associated administrative costs) under this Act with respect to 
the major disaster or event under section 420.
  (b) Property Acquisition and Relocation Assistance.--
          (1) General authority.--In providing hazard 
        mitigation assistance under this section in connection 
        with flooding, the Administrator of the Federal 
        Emergency Management Agency may provide property 
        acquisition and relocation assistance for projects that 
        meet the requirements of paragraph (2).
          (2) Terms and conditions.--An acquisition or 
        relocation project shall be eligible to receive 
        assistance pursuant to paragraph (1) only if--
                  (A) the applicant for the assistance is 
                otherwise eligible to receive assistance under 
                the hazard mitigation grant program established 
                under subsection (a); and
                  (B) on or after the date of enactment of this 
                subsection, the applicant for the assistance 
                enters into an agreement with the Administrator 
                that provides assurances that--
                          (i) any property acquired, accepted, 
                        or from which a structure will be 
                        removed pursuant to the project will be 
                        dedicated and maintained in perpetuity 
                        for a use that is compatible with open 
                        space, recreational, or wetlands 
                        management practices;
                          (ii) no new structure will be erected 
                        on property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program other 
                        than--
                                  (I) a public facility that is 
                                open on all sides and 
                                functionally related to a 
                                designated open space;
                                  (II) a rest room; or
                                  (III) a structure that the 
                                Administrator approves in 
                                writing before the commencement 
                                of the construction of the 
                                structure; and
                          (iii) after receipt of the 
                        assistance, with respect to any 
                        property acquired, accepted or from 
                        which a structure was removed under the 
                        acquisition or relocation program--
                                  (I) no subsequent application 
                                for additional disaster 
                                assistance for any purpose will 
                                be made by the recipient to any 
                                Federal entity; and
                                  (II) no assistance referred 
                                to in subclause (I) will be 
                                provided to the applicant by 
                                any Federal source.
          (3) Statutory construction.--Nothing in this 
        subsection is intended to alter or otherwise affect an 
        agreement for an acquisition or relocation project 
        carried out pursuant to this section that was in effect 
        on the day before the date of enactment of this 
        subsection.
  (c) Program Administration by States.--
          (1) In general.--A State desiring to administer the 
        hazard mitigation grant program established by this 
        section with respect to hazard mitigation assistance in 
        the State may submit to the President an application 
        for the delegation of the authority to administer the 
        program.
          (2) Criteria.--The President, in consultation and 
        coordination with States and local governments, shall 
        establish criteria for the approval of applications 
        submitted under paragraph (1). Until such time as the 
        Administrator promulgates regulations to implement this 
        paragraph, the Administrator may waive notice and 
        comment rulemaking, if the Administrator determines 
        doing so is necessary to expeditiously implement this 
        section, and may carry out this section as a pilot 
        program. The criteria shall include, at a minimum--
                  (A) the demonstrated ability of the State to 
                manage the grant program under this section;
                  (B) there being in effect an approved 
                mitigation plan under section 322; and
                  (C) a demonstrated commitment to mitigation 
                activities.
          (3) Approval.--The President shall approve an 
        application submitted under paragraph (1) that meets 
        the criteria established under paragraph (2).
          (4) Withdrawal of approval.--If, after approving an 
        application of a State submitted under paragraph (1), 
        the President determines that the State is not 
        administering the hazard mitigation grant program 
        established by this section in a manner satisfactory to 
        the President, the President shall withdraw the 
        approval.
          (5) Audits.--The President shall provide for periodic 
        audits of the hazard mitigation grant programs 
        administered by States under this subsection.
  (d) Streamlined Procedures.--
          (1) In general.--For the purpose of providing 
        assistance under this section, the President shall 
        ensure that--
                  (A) adequate resources are devoted to ensure 
                that applicable environmental reviews under the 
                National Environmental Policy Act of 1969 and 
                historic preservation reviews under the 
                National Historic Preservation Act are 
                completed on an expeditious basis; and
                  (B) the shortest existing applicable process 
                under the National Environmental Policy Act of 
                1969 and the National Historic Preservation Act 
                is utilized.
          (2) Authority for other expedited procedures.--The 
        President may utilize expedited procedures in addition 
        to those required under paragraph (1) for the purpose 
        of providing assistance under this section, such as 
        procedures under the Prototype Programmatic Agreement 
        of the Federal Emergency Management Agency, for the 
        consideration of multiple structures as a group and for 
        an analysis of the cost-effectiveness and fulfillment 
        of cost-share requirements for proposed hazard 
        mitigation measures.
  (e) Advance Assistance.--The President may provide not more 
than 25 percent of the amount of the estimated cost of hazard 
mitigation measures to a State grantee eligible for a grant 
under this section before eligible costs are incurred.
  (f) Use of Assistance.--Recipients of hazard mitigation 
assistance provided under this section and section 203 may use 
the assistance to conduct activities to help reduce the risk of 
future damage, hardship, loss, or suffering in any area 
affected by a wildfire or windstorm, including--
          (1) reseeding ground cover with quick-growing or 
        native species;
          (2) mulching with straw or chipped wood;
          (3) constructing straw, rock, or log dams in small 
        tributaries to prevent flooding;
          (4) placing logs and other erosion barriers to catch 
        sediment on hill slopes;
          (5) installing debris traps to modify road and trail 
        drainage mechanisms;
          (6) modifying or removing culverts to allow drainage 
        to flow freely;
          (7) adding drainage dips and constructing emergency 
        spillways to keep roads and bridges from washing out 
        during floods;
          (8) planting grass to prevent the spread of noxious 
        weeds;
          (9) installing warning signs;
          (10) establishing defensible space measures;
          (11) reducing hazardous fuels; and
          (12) windstorm damage, including replacing or 
        installing electrical transmission or distribution 
        utility pole structures with poles that are resilient 
        to extreme wind and combined ice and wind loadings for 
        the basic wind speeds and ice conditions associated 
        with the relevant location.

           *       *       *       *       *       *       *


SEC. 406. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.

  (a) Contributions.--
          (1) In general.--The President may make 
        contributions--
                  (A) to a State or local government for the 
                repair, restoration, reconstruction, or 
                replacement of a public facility damaged or 
                destroyed by a major disaster and for 
                associated expenses incurred by the government; 
                and
                  (B) subject to paragraph (3), to a person 
                that owns or operates a private nonprofit 
                facility damaged or destroyed by a major 
                disaster for the repair, restoration, 
                reconstruction, or replacement of the facility 
                and for associated expenses incurred by the 
                person.
          (2) Associated expenses.--For the purposes of this 
        section, associated expenses shall include--
                  (A) the costs of mobilizing and employing the 
                National Guard for performance of eligible 
                work;
                  (B) the costs of using prison labor to 
                perform eligible work, including wages actually 
                paid, transportation to a worksite, and 
                extraordinary costs of guards, food, and 
                lodging; [and]
                  (C) base and overtime wages for the employees 
                and extra hires of a State, local government, 
                or person described in paragraph (1) that 
                perform eligible work, plus fringe benefits on 
                such wages to the extent that such benefits 
                were being paid before the major disaster[.]; 
                and
                  (D) base and overtime wages for extra hires 
                to facilitate the implementation and 
                enforcement of adopted building codes for a 
                period of not more than 180 days after the 
                major disaster is declared.
          (3) Conditions for assistance to private nonprofit 
        facilities.--
                  (A) In general.--The President may make 
                contributions to a private nonprofit facility 
                under paragraph (1)(B) only if--
                          (i) the facility provides critical 
                        services (as defined by the President) 
                        in the event of a major disaster; or
                          (ii) the owner or operator of the 
                        facility--
                                  (I) has applied for a 
                                disaster loan under section 
                                7(b) of the Small Business Act 
                                (15 U.S.C. 636(b)); and
                                  (II)(aa) has been determined 
                                to be ineligible for such a 
                                loan; or
                                  (bb) has obtained such a loan 
                                in the maximum amount for which 
                                the Small Business 
                                Administration determines the 
                                facility is eligible.
                  (B) Definition of critical services.--In this 
                paragraph, the term ``critical services'' 
                includes power, water (including water provided 
                by an irrigation organization or facility), 
                sewer, wastewater treatment, communications 
                (including broadcast and telecommunications), 
                education, and emergency medical care.
                  (C) Houses of worship.--A church, synagogue, 
                mosque, temple, or other house of worship, and 
                a private nonprofit facility operated by a 
                religious organization, shall be eligible for 
                contributions under paragraph (1)(B), without 
                regard to the religious character of the 
                facility or the primary religious use of the 
                facility.
          (4) Notification to congress.--Before making any 
        contribution under this section in an amount greater 
        than $20,000,000, the President shall notify--
                  (A) the Committee on Environment and Public 
                Works of the Senate;
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
  (b) Federal Share.--
          (1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under 
        this section shall be not less than 75 percent of the 
        eligible cost of repair, restoration, reconstruction, 
        or replacement carried out under this section.
          (2) Reduced federal share.--The President shall 
        promulgate regulations to reduce the Federal share of 
        assistance under this section to not less than 25 
        percent in the case of the repair, restoration, 
        reconstruction, or replacement of any eligible public 
        facility or private nonprofit facility following an 
        event associated with a major disaster--
                  (A) that has been damaged, on more than one 
                occasion within the preceding 10-year period, 
                by the same type of event; and
                  (B) the owner of which has failed to 
                implement appropriate mitigation measures to 
                address the hazard that caused the damage to 
                the facility.
          (3) Increased federal share.--
                  (A) Incentive measures.--The President may 
                provide incentives to a State or Tribal 
                government to invest in measures that increase 
                readiness for, and resilience from, a major 
                disaster by recognizing such investments 
                through a sliding scale that increases the 
                minimum Federal share to 85 percent. Such 
                measures may include--
                          (i) the adoption of a mitigation plan 
                        approved under section 322;
                          (ii) investments in disaster relief, 
                        insurance, and emergency management 
                        programs;
                          (iii) encouraging the adoption and 
                        enforcement of the latest published 
                        editions of relevant consensus-based 
                        codes, specifications, and standards 
                        that incorporate the latest hazard-
                        resistant designs and establish minimum 
                        acceptable criteria for the design, 
                        construction, and maintenance of 
                        residential structures and facilities 
                        that may be eligible for assistance 
                        under this Act for the purpose of 
                        protecting the health, safety, and 
                        general welfare of the buildings' users 
                        against disasters;
                          (iv) facilitating participation in 
                        the community rating system; and
                          (v) funding mitigation projects or 
                        granting tax incentives for projects 
                        that reduce risk.
                  (B) Comprehensive guidance.--Not later than 1 
                year after the date of enactment of this 
                paragraph, the President, acting through the 
                Administrator, shall issue comprehensive 
                guidance to State and Tribal governments 
                regarding the measures and investments that 
                will be recognized for the purpose of 
                increasing the Federal share under this 
                section.
                  (C) Report.--One year after the issuance of 
                the guidance required by subparagraph (B), the 
                Administrator shall submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate a report regarding the analysis of 
                the Federal cost shares paid under this 
                section.
                  (D) Savings clause.--Nothing in this 
                paragraph prevents the President from 
                increasing the Federal cost share above 85 
                percent.
  (c) Large In-Lieu Contributions.--
          (1) For public facilities.--
                  (A) In general.--In any case in which a State 
                or local government determines that the public 
                welfare would not best be served by repairing, 
                restoring, reconstructing, or replacing any 
                public facility owned or controlled by the 
                State or local government, the State or local 
                government may elect to receive, in lieu of a 
                contribution under subsection (a)(1)(A), a 
                contribution in an amount equal to [90 percent 
                of] the Federal share of the Federal estimate 
                of the cost of repairing, restoring, 
                reconstructing, or replacing the facility and 
                of management expenses.
                  (B) Use of funds.--Funds contributed to a 
                State or local government under this paragraph 
                may be used--
                          (i) to repair, restore, or expand 
                        other selected public facilities;
                          (ii) to construct new facilities; or
                          (iii) to fund hazard mitigation 
                        measures that the State or local 
                        government determines to be necessary 
                        to meet a need for governmental 
                        services and functions in the area 
                        affected by the major disaster.
                  (C) Limitations.--Funds made available to a 
                State or local government under this paragraph 
                may not be used for--
                          (i) any public facility located in a 
                        regulatory floodway (as defined in 
                        section 59.1 of title 44, Code of 
                        Federal Regulations (or a successor 
                        regulation)); or
                          (ii) any uninsured public facility 
                        located in a special flood hazard area 
                        identified by the Administrator of the 
                        Federal Emergency Management Agency 
                        under the National Flood Insurance Act 
                        of 1968 (42 U.S.C. 4001 et seq.).
          (2) For private nonprofit facilities.--
                  (A) In general.--In any case in which a 
                person that owns or operates a private 
                nonprofit facility determines that the public 
                welfare would not best be served by repairing, 
                restoring, reconstructing, or replacing the 
                facility, the person may elect to receive, in 
                lieu of a contribution under subsection 
                (a)(1)(B), a contribution in an amount equal to 
                [75 percent of] the Federal share of the 
                Federal estimate of the cost of repairing, 
                restoring, reconstructing, or replacing the 
                facility and of management expenses.
                  (B) Use of funds.--Funds contributed to a 
                person under this paragraph may be used--
                          (i) to repair, restore, or expand 
                        other selected private nonprofit 
                        facilities owned or operated by the 
                        person;
                          (ii) to construct new private 
                        nonprofit facilities to be owned or 
                        operated by the person; or
                          (iii) to fund hazard mitigation 
                        measures that the person determines to 
                        be necessary to meet a need for the 
                        person's services and functions in the 
                        area affected by the major disaster.
                  (C) Limitations.--Funds made available to a 
                person under this paragraph may not be used 
                for--
                          (i) any private nonprofit facility 
                        located in a regulatory floodway (as 
                        defined in section 59.1 of title 44, 
                        Code of Federal Regulations (or a 
                        successor regulation)); or
                          (ii) any uninsured private nonprofit 
                        facility located in a special flood 
                        hazard area identified by the 
                        Administrator of the Federal Emergency 
                        Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 
                        4001 et seq.).
  (d) Flood Insurance.--
          (1) Reduction of federal assistance.--If a public 
        facility or private nonprofit facility located in a 
        special flood hazard area identified for more than 1 
        year by the Administrator pursuant to the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
        damaged or destroyed, after the 180th day following the 
        date of the enactment of the Disaster Relief and 
        Emergency Assistance Amendments of 1988, by flooding in 
        a major disaster and such facility is not covered on 
        the date of such flooding by flood insurance, the 
        Federal assistance which would otherwise be available 
        under this section with respect to repair, restoration, 
        reconstruction, and replacement of such facility and 
        associated expenses shall be reduced in accordance with 
        paragraph (2).
          (2) Amount of reduction.--The amount of a reduction 
        in Federal assistance under this section with respect 
        to a facility shall be the lesser of--
                  (A) the value of such facility on the date of 
                the flood damage or destruction, or
                  (B) the maximum amount of insurance proceeds 
                which would have been payable with respect to 
                such facility if such facility had been covered 
                by flood insurance under the National Flood 
                Insurance Act of 1968 on such date.
          (3) Exception.--Paragraphs (1) and (2) shall not 
        apply to a private nonprofit facility which is not 
        covered by flood insurance solely because of the local 
        government's failure to participate in the flood 
        insurance program established by the National Flood 
        Insurance Act.
          (4) Dissemination of information.--The President 
        shall disseminate information regarding the reduction 
        in Federal assistance provided for by this subsection 
        to State and local governments and the owners and 
        operators of private nonprofit facilities who may be 
        affected by such a reduction.
  (e) Eligible Cost.--
          (1) Determination.--
                  (A) In general.--For the purposes of this 
                section, for disasters declared on or after 
                August 1, 2017, or a disaster in which a cost 
                estimate has not yet been finalized for a 
                project, the President shall estimate the 
                eligible cost of repairing, restoring, 
                reconstructing, or replacing a public facility 
                or private nonprofit facility--
                          (i) on the basis of the design of the 
                        facility as the facility existed 
                        immediately before the major disaster; 
                        [and]
                          (ii) in conformity with [codes, 
                        specifications, and standards] the 
                        latest published editions of relevant 
                        consensus-based codes, specifications, 
                        and standards that incorporate the 
                        latest hazard-resistant designs and 
                        establish minimum acceptable criteria 
                        for the design, construction, and 
                        maintenance of residential structures 
                        and facilities that may be eligible for 
                        assistance under this Act for the 
                        purposes of protecting the health, 
                        safety, and general welfare of a 
                        facility's users against disasters 
                        (including floodplain management and 
                        hazard mitigation criteria required by 
                        the President or under the Coastal 
                        Barrier Resources Act (16 U.S.C. 3501 
                        et seq.)) [applicable at the time at 
                        which the disaster occurred.]; and
                          (iii) in a manner that allows the 
                        facility to meet the definition of 
                        resilient developed pursuant to this 
                        subsection.
                  (B) Cost estimation procedures.--
                          (i) In general.--Subject to paragraph 
                        (2), the President shall use the cost 
                        estimation procedures established under 
                        paragraph (3) to determine the eligible 
                        cost under this subsection.
                          (ii) Applicability.--The procedures 
                        specified in this paragraph and 
                        paragraph (2) shall apply only to 
                        projects the eligible cost of which is 
                        equal to or greater than the amount 
                        specified in section 422.
          (2) Modification of eligible cost.--
                  (A) Actual cost greater than ceiling 
                percentage of estimated cost.--In any case in 
                which the actual cost of repairing, restoring, 
                reconstructing, or replacing a facility under 
                this section is greater than the ceiling 
                percentage established under paragraph (3) of 
                the cost estimated under paragraph (1), the 
                President may determine that the eligible cost 
                includes a portion of the actual cost of the 
                repair, restoration, reconstruction, or 
                replacement that exceeds the cost estimated 
                under paragraph (1).
                  (B) Actual cost less than estimated cost.--
                          (i) Greater than or equal to floor 
                        percentage of estimated cost.--In any 
                        case in which the actual cost of 
                        repairing, restoring, reconstructing, 
                        or replacing a facility under this 
                        section is less than 100 percent of the 
                        cost estimated under paragraph (1), but 
                        is greater than or equal to the floor 
                        percentage established under paragraph 
                        (3) of the cost estimated under 
                        paragraph (1), the State or local 
                        government or person receiving funds 
                        under this section shall use the excess 
                        funds to carry out cost-effective 
                        activities that reduce the risk of 
                        future damage, hardship, or suffering 
                        from a major disaster.
                          (ii) Less than floor percentage of 
                        estimated cost.--In any case in which 
                        the actual cost of repairing, 
                        restoring, reconstructing, or replacing 
                        a facility under this section is less 
                        than the floor percentage established 
                        under paragraph (3) of the cost 
                        estimated under paragraph (1), the 
                        State or local government or person 
                        receiving assistance under this section 
                        shall reimburse the President in the 
                        amount of the difference.
                  (C) No effect on appeals process.--Nothing in 
                this paragraph affects any right of appeal 
                under section 423.
          (3) Expert panel.--
                  (A) Establishment.--Not later than 18 months 
                after the date of the enactment of this 
                paragraph, the President, acting through the 
                Administrator of the Federal Emergency 
                Management Agency, shall establish an expert 
                panel, which shall include representatives from 
                the construction industry and State and local 
                government.
                  (B) Duties.--The expert panel shall develop 
                recommendations concerning--
                          (i) procedures for estimating the 
                        cost of repairing, restoring, 
                        reconstructing, or replacing a facility 
                        consistent with industry practices; and
                          (ii) the ceiling and floor 
                        percentages referred to in paragraph 
                        (2).
                  (C) Regulations.--Taking into account the 
                recommendations of the expert panel under 
                subparagraph (B), the President shall 
                promulgate regulations that establish--
                          (i) cost estimation procedures 
                        described in subparagraph (B)(i); and
                          (ii) the ceiling and floor 
                        percentages referred to in paragraph 
                        (2).
                  (D) Review by president.--Not later than 2 
                years after the date of promulgation of 
                regulations under subparagraph (C) and 
                periodically thereafter, the President shall 
                review the cost estimation procedures and the 
                ceiling and floor percentages established under 
                this paragraph.
                  (E) Report to congress.--Not later than 1 
                year after the date of promulgation of 
                regulations under subparagraph (C), 3 years 
                after that date, and at the end of each 2-year 
                period thereafter, the expert panel shall 
                submit to Congress a report on the 
                appropriateness of the cost estimation 
                procedures.
          (4) Special rule.--In any case in which the facility 
        being repaired, restored, reconstructed, or replaced 
        under this section was under construction on the date 
        of the major disaster, the cost of repairing, 
        restoring, reconstructing, or replacing the facility 
        shall include, for the purposes of this section, only 
        those costs that, under the contract for the 
        construction, are the owner's responsibility and not 
        the contractor's responsibility.
          (5) New rules.--
                  (A) In general.--Not later than 18 months 
                after the date of enactment of this paragraph, 
                the President, acting through the Administrator 
                of the Federal Emergency Management Agency, 
                shall issue a final rulemaking that defines the 
                terms ``resilient'' and ``resiliency'' for 
                purposes of this subsection.
                  (B) Guidance.--Not later than 90 days after 
                the date on which the Administrator issues the 
                final rulemaking under this paragraph, the 
                Administrator shall issue any necessary 
                guidance related to the rulemaking.
                  (C) Report.--Not later than 2 years after the 
                date of enactment of this paragraph, the 
                Administrator shall submit to Congress a report 
                summarizing the regulations and guidance issued 
                pursuant to this paragraph.

           *       *       *       *       *       *       *


SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

  (a) In General.--
          (1) Provision of assistance.--In accordance with this 
        section, the President, in consultation with the 
        Governor of a State, may provide financial assistance, 
        and, if necessary, direct services, to individuals and 
        households in the State who, as a direct result of a 
        major disaster, have necessary expenses and serious 
        needs in cases in which the individuals and households 
        are unable to meet such expenses or needs through other 
        means.
          (2) Relationship to other assistance.--Under 
        paragraph (1), an individual or household shall not be 
        denied assistance under paragraph (1), (3), or (4) of 
        subsection (c) solely on the basis that the individual 
        or household has not applied for or received any loan 
        or other financial assistance from the Small Business 
        Administration or any other Federal agency.
  (b) Housing Assistance.--
          (1) Eligibility.--The President may provide financial 
        or other assistance under this section to individuals 
        and households to respond to the disaster-related 
        housing needs of individuals and households who are 
        displaced from their predisaster primary residences or 
        whose predisaster primary residences are rendered 
        uninhabitable, or with respect to individuals with 
        disabilities, rendered inaccessible or uninhabitable, 
        as a result of damage caused by a major disaster.
          (2) Determination of appropriate types of 
        assistance.--
                  (A) In general.--The President shall 
                determine appropriate types of housing 
                assistance to be provided under this section to 
                individuals and households described in 
                subsection (a)(1) based on considerations of 
                cost effectiveness, convenience to the 
                individuals and households, and such other 
                factors as the President may consider 
                appropriate.
                  (B) Multiple types of assistance.--One or 
                more types of housing assistance may be made 
                available under this section, based on the 
                suitability and availability of the types of 
                assistance, to meet the needs of individuals 
                and households in the particular disaster 
                situation.
  (c) Types of Housing Assistance.--
          (1) Temporary housing.--
                  (A) Financial assistance.--
                          (i) In general.--The President may 
                        provide financial assistance to 
                        individuals or households to rent 
                        alternate housing accommodations, 
                        existing rental units, manufactured 
                        housing, recreational vehicles, or 
                        other readily fabricated dwellings. 
                        Such assistance may include the payment 
                        of the cost of utilities, excluding 
                        telephone service.
                          (ii) Amount.--The amount of 
                        assistance under clause (i) shall be 
                        based on the fair market rent for the 
                        accommodation provided plus the cost of 
                        any transportation, utility hookups, 
                        security deposits, or unit installation 
                        not provided directly by the President.
                  (B) Direct assistance.--
                          (i) In general.--The President may 
                        provide temporary housing units, 
                        acquired by purchase or lease, directly 
                        to individuals or households who, 
                        because of a lack of available housing 
                        resources, would be unable to make use 
                        of the assistance provided under 
                        subparagraph (A).
                          (ii) Lease and repair of rental units 
                        for temporary housing.--
                                  (I) In general.--The 
                                President, to the extent the 
                                President determines it would 
                                be a cost-effective alternative 
                                to other temporary housing 
                                options, may--
                                          [(aa) enter into 
                                        lease agreements with 
                                        owners of multifamily 
                                        rental property located 
                                        in areas covered by a 
                                        major disaster 
                                        declaration to house 
                                        individuals and 
                                        households eligible for 
                                        assistance under this 
                                        section; and]
                                          (aa) enter into lease 
                                        agreements with owners 
                                        of multifamily rental 
                                        property impacted by a 
                                        major disaster or 
                                        located in areas 
                                        covered by a major 
                                        disaster declaration to 
                                        house individuals and 
                                        households eligible for 
                                        assistance under this 
                                        section; and
                                          (bb) make repairs or 
                                        improvements to 
                                        properties under such 
                                        lease agreements, to 
                                        the extent necessary to 
                                        serve as safe and 
                                        adequate temporary 
                                        housing.
                                  [(II) Improvements or 
                                repairs.--Under the terms of 
                                any lease agreement for 
                                property entered into under 
                                this subsection, the value of 
                                the improvements or repairs--
                                          [(aa) shall be 
                                        deducted from the value 
                                        of the lease agreement; 
                                        and
                                          [(bb) may not exceed 
                                        the value of the lease 
                                        agreement.]
                                  (II) Improvements or 
                                repairs.--Under the terms of 
                                any lease agreement for 
                                property entered into under 
                                this subsection, the value of 
                                the improvements or repairs 
                                shall be deducted from the 
                                value of the lease agreement.
                          (iii) Period of assistance.--The 
                        President may not provide direct 
                        assistance under clause (i) with 
                        respect to a major disaster after the 
                        end of the 18-month period beginning on 
                        the date of the declaration of the 
                        major disaster by the President, except 
                        that the President may extend that 
                        period if the President determines that 
                        due to extraordinary circumstances an 
                        extension would be in the public 
                        interest.
                          (iv) Collection of rental charges.--
                        After the end of the 18-month period 
                        referred to in clause (iii), the 
                        President may charge fair market rent 
                        for each temporary housing unit 
                        provided.
          (2) Repairs.--
                  (A) In general.--The President may provide 
                financial assistance for--
                          (i) the repair of owner-occupied 
                        private residences, utilities, and 
                        residential infrastructure (such as a 
                        private access route) damaged by a 
                        major disaster to a safe and sanitary 
                        living or functioning condition; and
                          (ii) eligible hazard mitigation 
                        measures that reduce the likelihood of 
                        future damage to such residences, 
                        utilities, or infrastructure.
                  (B) Relationship to other assistance.--A 
                recipient of assistance provided under this 
                paragraph shall not be required to show that 
                the assistance can be met through other means, 
                except insurance proceeds.
          (3) Replacement.--
                  (A) In general.--The President may provide 
                financial assistance for the replacement of 
                owner-occupied private residences damaged by a 
                major disaster.
                  (B) Applicability of flood insurance 
                requirement.--With respect to assistance 
                provided under this paragraph, the President 
                may not waive any provision of Federal law 
                requiring the purchase of flood insurance as a 
                condition of the receipt of Federal disaster 
                assistance.
          (4) Permanent housing construction.--The President 
        may provide financial assistance or direct assistance 
        to individuals or households to construct permanent or 
        semi-permanent housing in insular areas outside the 
        continental United States and in other locations in 
        cases in which--
                  (A) no alternative housing resources are 
                available; and
                  (B) the types of temporary housing assistance 
                described in paragraph (1) are unavailable, 
                infeasible, or not cost-effective.
  (d) Terms and Conditions Relating to Housing Assistance.--
          (1) Sites.--
                  (A) In general.--Any readily fabricated 
                dwelling provided under this section shall, 
                whenever practicable, be located on a site 
                that--
                          (i) is complete with utilities;
                          (ii) meets the physical accessibility 
                        requirements for individuals with 
                        disabilities; and
                          (iii) is provided by the State or 
                        local government, by the owner of the 
                        site, or by the occupant who was 
                        displaced by the major disaster.
                  (B) Sites provided by the president.--A 
                readily fabricated dwelling may be located on a 
                site provided by the President if the President 
                determines that such a site would be more 
                economical or accessible.
          (2) Disposal of units.--
                  (A) Sale to occupants.--
                          (i) In general.--Notwithstanding any 
                        other provision of law, a temporary 
                        housing unit purchased under this 
                        section by the President for the 
                        purpose of housing disaster victims may 
                        be sold directly to the individual or 
                        household who is occupying the unit if 
                        the individual or household lacks 
                        permanent housing.
                          (ii) Sale price.--A sale of a 
                        temporary housing unit under clause (i) 
                        shall be at a price that is fair and 
                        equitable.
                          (iii) Deposit of proceeds.--
                        Notwithstanding any other provision of 
                        law, the proceeds of a sale under 
                        clause (i) shall be deposited in the 
                        appropriate Disaster Relief Fund 
                        account.
                          (iv) Hazard and flood insurance.--A 
                        sale of a temporary housing unit under 
                        clause (i) shall be made on the 
                        condition that the individual or 
                        household purchasing the housing unit 
                        agrees to obtain and maintain hazard 
                        and flood insurance on the housing 
                        unit.
                          (v) Use of gsa services.--The 
                        President may use the services of the 
                        General Services Administration to 
                        accomplish a sale under clause (i).
                  (B) Other methods of disposal.--If not 
                disposed of under subparagraph (A), a temporary 
                housing unit purchased under this section by 
                the President for the purpose of housing 
                disaster victims--
                          (i) may be sold to any person; or
                          (ii) may be sold, transferred, 
                        donated, or otherwise made available 
                        directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of 
                        providing temporary housing to disaster 
                        victims in major disasters and 
                        emergencies if, as a condition of the 
                        sale, transfer, or donation, the State, 
                        other governmental agency, or voluntary 
                        organization agrees--
                                  (I) to comply with the 
                                nondiscrimination provisions of 
                                section 308; and
                                  (II) to obtain and maintain 
                                hazard and flood insurance on 
                                the housing unit.
  (e) Financial Assistance To Address Other Needs.--
          (1) Medical, dental, child care, and funeral 
        expenses.--The President, in consultation with the 
        Governor of a State, may provide financial assistance 
        under this section to an individual or household in the 
        State who is adversely affected by a major disaster to 
        meet disaster-related medical, dental, child care, and 
        funeral expenses.
          (2) Personal property, transportation, and other 
        expenses.--The President, in consultation with the 
        Governor of a State, may provide financial assistance 
        under this section to an individual or household 
        described in paragraph (1) to address personal 
        property, transportation, and other necessary expenses 
        or serious needs resulting from the major disaster.
  (f) State Role.--
          (1)  [Financial assistance to address other needs.--] 
        State-administered assistance and other needs 
        assistance._
                  (A) Grant to state.--Subject to subsection 
                (g), a Governor may request a grant from the 
                President to provide [financial] assistance to 
                individuals and households in the State under 
                [subsection (e)] subsections (c)(1)(B), (c)(4), 
                and (e) if the President and the State comply, 
                as determined by the Administrator, with 
                paragraph (3).
                  (B) Administrative costs.--A State that 
                receives a grant under subparagraph (A) may 
                expend not more than 5 percent of the amount of 
                the grant for the administrative costs of 
                providing [financial] assistance to individuals 
                and households in the State under [subsection 
                (e)] subsections (c)(1)(B), (c)(4), and (e).
          (2) Access to records.--In providing assistance to 
        individuals and households under this section, the 
        President shall provide for the substantial and ongoing 
        involvement of the States in which the individuals and 
        households are located, including by providing to the 
        States access to the electronic records of individuals 
        and households receiving assistance under this section 
        in order for the States to make available any 
        additional State and local assistance to the 
        individuals and households.
          (3) In general.--
                  (A) Application.--A State desiring to provide 
                assistance under subsections (c)(1)(B) and 
                (c)(4) shall submit to the President an 
                application for the delegation of the authority 
                to administer the program.
                  (B) Criteria.--The President, in consultation 
                and coordination with States and local 
                governments, shall establish criteria for the 
                approval of applications submitted under 
                subparagraph (A). The criteria shall include, 
                at a minimum--
                          (i) the demonstrated ability of the 
                        State to manage the program under this 
                        section;
                          (ii) there being in effect a plan 
                        approved by the President as to how the 
                        State will comply with applicable 
                        Federal laws and regulations and how 
                        the State will provide assistance under 
                        its plan;
                          (iii) a requirement that the State or 
                        local government comply with rules and 
                        regulations established pursuant to 
                        subsection (j); and
                          (iv) a requirement that the 
                        President, or the designee of the 
                        President, comply with subsection (i).
                  (C) Quality assurance.--Before approving an 
                application submitted under this section, the 
                President, or the designee of the President, 
                shall institute adequate policies, procedures, 
                and internal controls to prevent waste, fraud, 
                abuse, and program mismanagement for this 
                program and for programs under subsections 
                (c)(1)(B) and (c)(4). The President shall 
                monitor and conduct quality assurance 
                activities on a State's implementation of 
                programs under subsections (c)(1)(B) and 
                (c)(4). If, after approving an application of a 
                State submitted under this section, the 
                President determines that the State is not 
                administering the program established by this 
                section in a manner satisfactory to the 
                President, the President shall withdraw the 
                approval.
                  (D) Audits.--The Office of the inspector 
                general shall provide for periodic audits of 
                the programs administered by States under this 
                subsection.
                  (E) Applicable laws.--All Federal laws 
                applicable to the management, administration, 
                or contracting of the programs by the Federal 
                Emergency Management Agency under this section 
                shall be applicable to the management, 
                administration, or contracting by a non-Federal 
                entity under this section.
                  (F) Report.--Not later than 1 year after the 
                date of enactment of this paragraph, the 
                inspector general of the Department of Homeland 
                Security shall submit a report to the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives a report on the State role 
                to provide assistance under this section. The 
                report shall contain an assessment of the 
                effectiveness of the State's role to provide 
                assistance under this section, including--
                          (i) whether the State's role helped 
                        to improve the general speed of 
                        disaster recovery;
                          (ii) whether the States providing 
                        assistance under this section had the 
                        capacity to administer this section; 
                        and
                          (iii) recommendations for changes to 
                        improve the program if the State's role 
                        to administer the programs should be 
                        continued.
                  (G) Prohibition.--The President may not 
                condition the provision of Federal assistance 
                under this Act by a State, Tribal, or local 
                government requesting a grant under this 
                section.
                  (H) Miscellaneous.--
                          (i) Notice and comment.--The 
                        Administrator may waive notice and 
                        comment rulemaking, if the 
                        Administrator determines doing so is 
                        necessary to expeditiously implement 
                        this section, and may carry out this 
                        section as a pilot program until such 
                        regulations are promulgated.
                          (ii) Final rule.--Not later than 2 
                        years after the date of enactment of 
                        this paragraph, the Administrator shall 
                        issue final regulations to implement 
                        this subsection as amended by the 
                        Disaster Recovery Reform Act.
                          (iii) Waiver and expiration.--The 
                        authority under clause (i) and any 
                        pilot program implemented pursuant to 
                        such clause shall expire 2 years after 
                        date of enactment of this paragraph or 
                        upon issuance of final regulations 
                        pursuant to clause (ii), whichever 
                        occurs sooner.
  (g) Cost Sharing.--
          (1) Federal share.--Except as provided in paragraph 
        (2), the Federal share of the costs eligible to be paid 
        using assistance provided under this section shall be 
        100 percent.
          (2) Financial assistance to address other needs.--In 
        the case of financial assistance provided under 
        subsection (e)--
                  (A) the Federal share shall be 75 percent; 
                and
                  (B) the non-Federal share shall be paid from 
                funds made available by the State.
  (h) Maximum Amount of Assistance.--
          (1) In general.--No individual or household shall 
        receive financial assistance greater than $25,000 under 
        this section with respect to a single major disaster, 
        excluding financial assistance to rent alternate 
        housing accommodations under subsection (c)(1)(A)(i) 
        and financial assistance to address other needs under 
        subsection (e).
          (2) Other needs assistance.--The maximum financial 
        assistance any individual or household may receive 
        under subsection (e) shall be equivalent to the amount 
        set forth in paragraph (1) with respect to a single 
        major disaster.
          [(2)] (3) Adjustment of limit.--The limit established 
        under [paragraph (1)] paragraphs (1) and (2) shall be 
        adjusted annually to reflect changes in the Consumer 
        Price Index for All Urban Consumers published by the 
        Department of Labor.
          (4) Exclusion of necessary expenses for individuals 
        with disabilities.--
                  (A) The maximum amount of assistance 
                established under paragraph (1) shall exclude 
                expenses to repair or replace damaged 
                accessibility-related improvements under 
                paragraphs (2), (3), and (4) of subsection (c) 
                for individuals with disabilities.
                  (B) The maximum amount of assistance 
                established under paragraph (2) shall exclude 
                expenses to repair or replace accessibility-
                related personal property under subsection 
                (e)(2) for individuals with disabilities.
  (i) Verification Measures.--In carrying out this section, the 
President shall develop a system, including an electronic 
database, that shall allow the President, or the designee of 
the President, to--
          (1) verify the identity and address of recipients of 
        assistance under this section to provide reasonable 
        assurance that payments are made only to an individual 
        or household that is eligible for such assistance;
          (2) minimize the risk of making duplicative payments 
        or payments for fraudulent claims under this section;
          (3) collect any duplicate payment on a claim under 
        this section, or reduce the amount of subsequent 
        payments to offset the amount of any such duplicate 
        payment;
          (4) provide instructions to recipients of assistance 
        under this section regarding the proper use of any such 
        assistance, regardless of how such assistance is 
        distributed; and
          (5) conduct an expedited and simplified review and 
        appeal process for an individual or household whose 
        application for assistance under this section is 
        denied.
  (j) Rules and Regulations.--The President shall prescribe 
rules and regulations to carry out this section, including 
criteria, standards, and procedures for determining eligibility 
for assistance.

           *       *       *       *       *       *       *


SEC. 420. FIRE MANAGEMENT ASSISTANCE.

  (a) In General.--The President is authorized to provide 
assistance, including grants, equipment, supplies, and 
personnel, to any State or local government for the mitigation, 
management, and control of any fire on public or private forest 
land or grassland that threatens such destruction as would 
constitute a major disaster.
  (b) Coordination With State and Tribal Departments of 
Forestry.--In providing assistance under this section, the 
President shall coordinate with State and tribal departments of 
forestry.
  (c) Essential Assistance.--In providing assistance under this 
section, the President may use the authority provided under 
section 403.
  (d) Hazard Mitigation Assistance.--Whether or not a major 
disaster is declared, the President may provide hazard 
mitigation assistance in accordance with section 404 in any 
area affected by a fire for which assistance was provided under 
this section.
  [(d)] (e) Rules and Regulations.--The President shall 
prescribe such rules and regulations as are necessary to carry 
out this section.

           *       *       *       *       *       *       *


SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PROCEDURES.

  (a) Approval of Projects.--The President, acting through the 
Administrator of the Federal Emergency Management Agency, may 
approve projects under the alternative procedures adopted under 
this section for any major disaster or emergency declared on or 
after the date of enactment of this section. The Administrator 
may also apply the alternate procedures adopted under this 
section to a major disaster or emergency declared before 
enactment of this Act for which construction has not begun as 
of the date of enactment of this Act.
  (b) Adoption.--The Administrator, in coordination with 
States, tribal and local governments, and owners or operators 
of private nonprofit facilities, may adopt alternative 
procedures to administer assistance provided under sections 
403(a)(3)(A), 406, 407, and 502(a)(5).
  (c) Goals of Procedures.--The alternative procedures adopted 
under subsection (a) shall further the goals of--
          (1) reducing the costs to the Federal Government of 
        providing such assistance;
          (2) increasing flexibility in the administration of 
        such assistance;
          (3) expediting the provision of such assistance to a 
        State, tribal or local government, or owner or operator 
        of a private nonprofit facility; and
          (4) providing financial incentives and disincentives 
        for a State, tribal or local government, or owner or 
        operator of a private nonprofit facility for the timely 
        and cost-effective completion of projects with such 
        assistance.
  (d) Participation.--
          (1) In general.--Participation in the alternative 
        procedures adopted under this section shall be at the 
        election of a State, tribal or local government, or 
        owner or operator of a private nonprofit facility 
        consistent with procedures determined by the 
        Administrator.
          (2) No conditions.--The President may not condition 
        the provision of Federal assistance under this Act on 
        the election by a State, Tribal, or local government, 
        or owner or operator of a private nonprofit facility to 
        participate in the alternative procedures adopted under 
        this section.
  (e) Minimum Procedures.--The alternative procedures adopted 
under this section shall include the following:
          (1) For repair, restoration, and replacement of 
        damaged facilities under section 406--
                  (A) making grants on the basis of fixed 
                estimates, if the State, tribal or local 
                government, or owner or operator of the private 
                nonprofit facility agrees to be responsible for 
                any actual costs that exceed the estimate;
                  (B) providing an option for a State, tribal 
                or local government, or owner or operator of a 
                private nonprofit facility to elect to receive 
                an in-lieu contribution, without reduction, on 
                the basis of estimates of--
                          (i) the cost of repair, restoration, 
                        reconstruction, or replacement of a 
                        public facility owned or controlled by 
                        the State, tribal or local government 
                        or owner or operator of a private 
                        nonprofit facility; and
                          (ii) management expenses;
                  (C) consolidating, to the extent determined 
                appropriate by the Administrator, the 
                facilities of a State, tribal or local 
                government, or owner or operator of a private 
                nonprofit facility as a single project based 
                upon the estimates adopted under the 
                procedures;
                  (D) if the actual costs of a project 
                completed under the procedures are less than 
                the estimated costs thereof, the Administrator 
                may permit a grantee or subgrantee to use all 
                or part of the excess funds for--
                          (i) cost-effective activities that 
                        reduce the risk of future damage, 
                        hardship, or suffering from a major 
                        disaster; and
                          (ii) other activities to improve 
                        future Public Assistance operations or 
                        planning;
                  (E) in determining eligible costs under 
                section 406, the Administrator shall make 
                available, at an applicant's request and where 
                the Administrator or the certified cost 
                estimate prepared by the applicant's 
                professionally licensed engineers has estimated 
                an eligible Federal share for a project of at 
                least $5,000,000, an independent expert panel 
                to validate the estimated eligible cost 
                consistent with applicable regulations and 
                policies implementing this section; [and]
                  (F) in determining eligible costs under 
                section 406, the Administrator shall, at the 
                applicant's request, consider properly 
                conducted and certified cost estimates prepared 
                by professionally licensed engineers (mutually 
                agreed upon by the Administrator and the 
                applicant), to the extent that such estimates 
                comply with applicable regulations, policy, and 
                guidance[.]; and
                  (G) once certified by a professionally 
                licensed engineer and accepted by the 
                Administrator, the estimates on which grants 
                made pursuant to this section are based shall 
                be presumed to be reasonable, eligible, and 
                actual costs as long as there is no evidence of 
                fraud.
          (2) For debris removal under sections 403(a)(3)(A), 
        407, and 502(a)(5)--
                  (A) making grants on the basis of fixed 
                estimates to provide financial incentives and 
                disincentives for the timely or cost-effective 
                completion if the State, tribal or local 
                government, or owner or operator of the private 
                nonprofit facility agrees to be responsible to 
                pay for any actual costs that exceed the 
                estimate;
                  (B) using a sliding scale for determining the 
                Federal share for removal of debris and 
                wreckage based on the time it takes to complete 
                debris and wreckage removal;
                  (C) allowing use of program income from 
                recycled debris without offset to the grant 
                amount;
                  (D) reimbursing base and overtime wages for 
                employees and extra hires of a State, tribal or 
                local government, or owner or operator of a 
                private nonprofit facility performing or 
                administering debris and wreckage removal;
                  (E) providing incentives to a State or tribal 
                or local government to have a debris management 
                plan approved by the Administrator and have 
                pre-qualified 1 or more debris and wreckage 
                removal contractors before the date of 
                declaration of the major disaster; and
                  (F) if the actual costs of projects under 
                subparagraph (A) are less than the estimated 
                costs of the project, the Administrator may 
                permit a grantee or subgrantee to use all or 
                part of the excess funds for--
                          (i) debris management planning;
                          (ii) acquisition of debris management 
                        equipment for current or future use; 
                        and
                          (iii) other activities to improve 
                        future debris removal operations, as 
                        determined by the Administrator.
  (f) Waiver Authority.--Until such time as the Administrator 
promulgates regulations to implement this section, the 
Administrator may--
          (1) waive notice and comment rulemaking, if the 
        Administrator determines the waiver is necessary to 
        expeditiously implement this section; and
          (2) carry out the alternative procedures under this 
        section as a pilot program.
  (g) Overtime Payments.--The guidelines for reimbursement for 
costs under subsection (e)(2)(D) shall ensure that no State or 
local government is denied reimbursement for overtime payments 
that are required pursuant to the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.).
  (h) Report.--
          (1) In general.--Not earlier than 3 years, and not 
        later than 5 years, after the date of enactment of this 
        section, the Inspector General of the Department of 
        Homeland Security shall submit to the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        on the alternative procedures for the repair, 
        restoration, and replacement of damaged facilities 
        under section 406 authorized under this section.
          (2) Contents.--The report shall contain an assessment 
        of the effectiveness of the alternative procedures, 
        including--
                  (A) whether the alternative procedures helped 
                to improve the general speed of disaster 
                recovery;
                  (B) the accuracy of the estimates relied 
                upon;
                  (C) whether the financial incentives and 
                disincentives were effective;
                  (D) whether the alternative procedures were 
                cost effective;
                  (E) whether the independent expert panel 
                described in subsection (e)(1)(E) was 
                effective; and
                  (F) recommendations for whether the 
                alternative procedures should be continued and 
                any recommendations for changes to the 
                alternative procedures.

           *       *       *       *       *       *       *


SEC. 430. AGENCY ACCOUNTABILITY.

  (a) Public Assistance.--Not later than 5 days after an award 
of a public assistance grant is made under section 406 that is 
in excess of $1,000,000, the Administrator shall publish on the 
Agency's website the specifics of each such grant award, 
including--
          (1) identifying the Federal Emergency Management 
        Agency Region;
          (2) the disaster or emergency declaration number;
          (3) the State, county, and applicant name;
          (4) if the applicant is a private nonprofit;
          (5) the damage category code;
          (6) the amount of the Federal share obligated; and
          (7) the date of the award.
  (b) Mission Assignments.--
          (1) In general.--Not later than 5 days after the 
        issuance of a mission assignment or mission assignment 
        task order, the Administrator shall publish on the 
        Agency's website any mission assignment or mission 
        assignment task order to another Federal department or 
        agency regarding a major disaster in excess of 
        $1,000,000, including--
                  (A) the name of the impacted State or Tribe;
                  (B) the disaster declaration for such State 
                or Tribe;
                  (C) the assigned agency;
                  (D) the assistance requested;
                  (E) a description of the disaster;
                  (F) the total cost estimate;
                  (G) the amount obligated;
                  (H) the State or Tribal cost share, if 
                applicable;
                  (I) the authority under which the mission 
                assignment or mission assignment task order was 
                directed; and
                  (J) if applicable, the date a State or Tribe 
                requested the mission assignment.
          (2) Recording changes.--Not later than 10 days after 
        the last day of each month until a mission assignment 
        or mission assignment task order described in paragraph 
        (1) is completed and closed out, the Administrator 
        shall update any changes to the total cost estimate and 
        the amount obligated.
  (c) Disaster Relief Monthly Report.--Not later than 10 days 
after the first day of each month, the Administrator shall 
publish on the Agency's website reports, including a specific 
description of the methodology and the source data used in 
developing such reports, including--
          (1) an estimate of the amounts for the fiscal year 
        covered by the President's most recent budget pursuant 
        to section 1105(a) of title 31, United States Code, 
        including--
                  (A) the unobligated balance of funds to be 
                carried over from the prior fiscal year to the 
                budget year;
                  (B) the unobligated balance of funds to be 
                carried over from the budget year to the budget 
                year plus 1;
                  (C) the amount of obligations for non-
                catastrophic events for the budget year;
                  (D) the amount of obligations for the budget 
                year for catastrophic events delineated by 
                event and by State;
                  (E) the total amount that has been previously 
                obligated or will be required for catastrophic 
                events delineated by event and by State for all 
                prior years, the current fiscal year, the 
                budget year, and each fiscal year thereafter;
                  (F) the amount of previously obligated funds 
                that will be recovered for the budget year;
                  (G) the amount that will be required for 
                obligations for emergencies, as described in 
                section 102(1), major disasters, as described 
                in section 102(2), fire management assistance 
                grants, as described in section 420, surge 
                activities, and disaster readiness and support 
                activities; and
                  (H) the amount required for activities not 
                covered under section 251(b)(2)(D)(iii) of the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and
          (2) an estimate or actual amounts, if available, of 
        the following for the current fiscal year shall be 
        submitted not later than the fifth day of each month, 
        published by the Administrator on the Agency's website 
        not later than the fifth day of each month:
                  (A) A summary of the amount of appropriations 
                made available by source, the transfers 
                executed, the previously allocated funds 
                recovered, and the commitments, allocations, 
                and obligations made.
                  (B) A table of disaster relief activity 
                delineated by month, including--
                          (i) the beginning and ending 
                        balances;
                          (ii) the total obligations to include 
                        amounts obligated for fire assistance, 
                        emergencies, surge, and disaster 
                        support activities;
                          (iii) the obligations for 
                        catastrophic events delineated by event 
                        and by State; and
                          (iv) the amount of previously 
                        obligated funds that are recovered.
                  (C) A summary of allocations, obligations, 
                and expenditures for catastrophic events 
                delineated by event.
                  (D) The cost of the following categories of 
                spending:
                          (i) Public assistance.
                          (ii) Individual assistance.
                          (iii) Mitigation.
                          (iv) Administrative.
                          (v) Operations.
                          (vi) Any other relevant category 
                        (including emergency measures and 
                        disaster resources) delineated by 
                        disaster.
                  (E) The date on which funds appropriated will 
                be exhausted.
  (d) Contracts.--
          (1) Information.--Not later than 10 days after the 
        first day of each month, the Administrator shall 
        publish on the Agency's website the specifics of each 
        contract in excess of $1,000,000 that the Agency enters 
        into, including--
                  (A) the name of the party;
                  (B) the date the contract was awarded;
                  (C) the amount of the contract, the scope of 
                the contract;
                  (D) if the contract was awarded through 
                competitive bidding process;
                  (E) if no competitive bidding process was 
                used, the reason why competitive bidding was 
                not used; and
                  (F) the authority used to bypass the 
                competitive bidding process.
        The information shall be delineated by disaster, if 
        applicable, and specify the damage category code, if 
        applicable.
          (2) Report.--Not later than 10 days after the last 
        day of the fiscal year, the Administrator shall provide 
        a report to the appropriate committees of Congress 
        summarizing the following information for the preceding 
        fiscal year:
                  (A) The number of contracts awarded without 
                competitive bidding.
                  (B) The reasons why a competitive bidding 
                process was not used.
                  (C) The total amount of contracts awarded 
                with no competitive bidding.
                  (D) The damage category codes, if applicable, 
                for contracts awarded without competitive 
                bidding.

           *       *       *       *       *       *       *


TITLE VII--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

  (a) Statute of Limitations.--
          (1) In general.--Except as provided in paragraph (2), 
        no administrative action to recover any payment made to 
        a State or local government for disaster or emergency 
        assistance under this Act shall be initiated in any 
        forum after the date that is 3 years after the date of 
        transmission of the final expenditure report for the 
        disaster or emergency.
          (2) Fraud exception.--The limitation under paragraph 
        (1) shall apply unless there is evidence of civil or 
        criminal fraud.
  (b) Rebuttal of Presumption of Record Maintenance.--
          (1) In general.--In any dispute arising under this 
        section after the date that is 3 years after the date 
        of transmission of the final expenditure report for the 
        disaster or emergency, there shall be a presumption 
        that accounting records were maintained that adequately 
        identify the source and application of funds provided 
        for financially assisted activities.
          (2) Affirmative evidence.--The presumption described 
        in paragraph (1) may be rebutted only on production of 
        affirmative evidence that the State or local government 
        did not maintain documentation described in that 
        paragraph.
          (3) Inability to produce documentation.--The 
        inability of the Federal, State, or local government to 
        produce source documentation supporting expenditure 
        reports later than 3 years after the date of 
        transmission of the final expenditure report shall not 
        constitute evidence to rebut the presumption described 
        in paragraph (1).
          (4) Right of access.--The period during which the 
        Federal, State, or local government has the right to 
        access source documentation shall not be limited to the 
        required 3-year retention period referred to in 
        paragraph (3), but shall last as long as the records 
        are maintained.
  (c) Binding Nature of Grant Requirements.--A State or local 
government shall not be liable for reimbursement or any other 
penalty for any payment made under this Act if--
          (1) the payment was authorized by an approved 
        agreement specifying the costs;
          (2) the costs were reasonable; and
          (3) the purpose of the grant was accomplished.
  (d) Facilitating Closeout.--
          (1) Incentives.--The Administrator may develop 
        incentives and penalties that encourage State, Tribal, 
        or local governments to close out expenditures and 
        activities on a timely basis related to disaster or 
        emergency assistance.
          (2) Agency requirements.--The Agency shall, 
        consistent with applicable regulations and required 
        procedures, meet its responsibilities to improve 
        closeout practices and reduce the time to close 
        disaster program awards.

           *       *       *       *       *       *       *

                              ----------                              


                    DISASTER MITIGATION ACT OF 2000



           *       *       *       *       *       *       *
TITLE II--STREAMLINING AND COST REDUCTION

           *       *       *       *       *       *       *


SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE 
                    DAMAGED FACILITIES.

  (a) Contributions.--Section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsection (a) and inserting the 
following:
  ``(a) Contributions.--
          ``(1) In general.--The President may make 
        contributions--
                  ``(A) to a State or local government for the 
                repair, restoration, reconstruction, or 
                replacement of a public facility damaged or 
                destroyed by a major disaster and for 
                associated expenses incurred by the government; 
                and
                  ``(B) subject to paragraph (3), to a person 
                that owns or operates a private nonprofit 
                facility damaged or destroyed by a major 
                disaster for the repair, restoration, 
                reconstruction, or replacement of the facility 
                and for associated expenses incurred by the 
                person.
          ``(2) Associated expenses.--For the purposes of this 
        section, associated expenses shall include--
                  ``(A) the costs of mobilizing and employing 
                the National Guard for performance of eligible 
                work;
                  ``(B) the costs of using prison labor to 
                perform eligible work, including wages actually 
                paid, transportation to a worksite, and 
                extraordinary costs of guards, food, and 
                lodging; and
                  ``(C) base and overtime wages for the 
                employees and extra hires of a State, local 
                government, or person described in paragraph 
                (1) that perform eligible work, plus fringe 
                benefits on such wages to the extent that such 
                benefits were being paid before the major 
                disaster.
          ``(3) Conditions for assistance to private nonprofit 
        facilities.--
                  ``(A) In general.--The President may make 
                contributions to a private nonprofit facility 
                under paragraph (1)(B) only if--
                          ``(i) the facility provides critical 
                        services (as defined by the President) 
                        in the event of a major disaster; or
                          ``(ii) the owner or operator of the 
                        facility--
                                  ``(I) has applied for a 
                                disaster loan under section 
                                7(b) of the Small Business Act 
                                (15 U.S.C. 636(b)); and
                                  ``(II)(aa) has been 
                                determined to be ineligible for 
                                such a loan; or
                                          ``(bb) has obtained 
                                        such a loan in the 
                                        maximum amount for 
                                        which the Small 
                                        Business Administration 
                                        determines the facility 
                                        is eligible.
                  ``(B) Definition of critical services.--In 
                this paragraph, the term `critical services' 
                includes power, water (including water provided 
                by an irrigation organization or facility), 
                sewer, wastewater treatment, communications, 
                and emergency medical care.
          ``(4) Notification to congress.--Before making any 
        contribution under this section in an amount greater 
        than $20,000,000, the President shall notify--
                  ``(A) the Committee on Environment and Public 
                Works of the Senate;
                  ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                  ``(C) the Committee on Appropriations of the 
                Senate; and
                  ``(D) the Committee on Appropriations of the 
                House of Representatives.''.
  (b) Federal Share.--Section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsection (b) and inserting the 
following:
  ``(b) Federal Share.--
          ``(1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under 
        this section shall be not less than 75 percent of the 
        eligible cost of repair, restoration, reconstruction, 
        or replacement carried out under this section.
          ``(2) Reduced federal share.--The President shall 
        promulgate regulations to reduce the Federal share of 
        assistance under this section to not less than 25 
        percent in the case of the repair, restoration, 
        reconstruction, or replacement of any eligible public 
        facility or private nonprofit facility following an 
        event associated with a major disaster--
                  ``(A) that has been damaged, on more than one 
                occasion within the preceding 10-year period, 
                by the same type of event; and
                  ``(B) the owner of which has failed to 
                implement appropriate mitigation measures to 
                address the hazard that caused the damage to 
                the facility.''.
  (c) Large In-Lieu Contributions.--Section 406 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172) is amended by striking subsection (c) and 
inserting the following:
  ``(c) Large In-Lieu Contributions.--
          ``(1) For public facilities.--
                  ``(A) In general.--In any case in which a 
                State or local government determines that the 
                public welfare would not best be served by 
                repairing, restoring, reconstructing, or 
                replacing any public facility owned or 
                controlled by the State or local government, 
                the State or local government may elect to 
                receive, in lieu of a contribution under 
                subsection (a)(1)(A), a contribution in an 
                amount equal to 75 percent of the Federal share 
                of the Federal estimate of the cost of 
                repairing, restoring, reconstructing, or 
                replacing the facility and of management 
                expenses.
                  ``(B) Areas with unstable soil.--In any case 
                in which a State or local government determines 
                that the public welfare would not best be 
                served by repairing, restoring, reconstructing, 
                or replacing any public facility owned or 
                controlled by the State or local government 
                because soil instability in the disaster area 
                makes repair, restoration, reconstruction, or 
                replacement infeasible, the State or local 
                government may elect to receive, in lieu of a 
                contribution under subsection (a)(1)(A), a 
                contribution in an amount equal to 90 percent 
                of the Federal share of the Federal estimate of 
                the cost of repairing, restoring, 
                reconstructing, or replacing the facility and 
                of management expenses.
                  ``(C) Use of funds.--Funds contributed to a 
                State or local government under this paragraph 
                may be used--
                          ``(i) to repair, restore, or expand 
                        other selected public facilities;
                          ``(ii) to construct new facilities; 
                        or
                          ``(iii) to fund hazard mitigation 
                        measures that the State or local 
                        government determines to be necessary 
                        to meet a need for governmental 
                        services and functions in the area 
                        affected by the major disaster.
                  ``(D) Limitations.--Funds made available to a 
                State or local government under this paragraph 
                may not be used for--
                          ``(i) any public facility located in 
                        a regulatory floodway (as defined in 
                        section 59.1 of title 44, Code of 
                        Federal Regulations (or a successor 
                        regulation)); or
                          ``(ii) any uninsured public facility 
                        located in a special flood hazard area 
                        identified by the Director of the 
                        Federal Emergency Management Agency 
                        under the National Flood Insurance Act 
                        of 1968 (42 U.S.C. 4001 et seq.).
          ``(2) For private nonprofit facilities.--
                  ``(A) In general.--In any case in which a 
                person that owns or operates a private 
                nonprofit facility determines that the public 
                welfare would not best be served by repairing, 
                restoring, reconstructing, or replacing the 
                facility, the person may elect to receive, in 
                lieu of a contribution under subsection 
                (a)(1)(B), a contribution in an amount equal to 
                75 percent of the Federal share of the Federal 
                estimate of the cost of repairing, restoring, 
                reconstructing, or replacing the facility and 
                of management expenses.
                  ``(B) Use of funds.--Funds contributed to a 
                person under this paragraph may be used--
                          ``(i) to repair, restore, or expand 
                        other selected private nonprofit 
                        facilities owned or operated by the 
                        person;
                          ``(ii) to construct new private 
                        nonprofit facilities to be owned or 
                        operated by the person; or
                          ``(iii) to fund hazard mitigation 
                        measures that the person determines to 
                        be necessary to meet a need for the 
                        person's services and functions in the 
                        area affected by the major disaster.
                  ``(C) Limitations.--Funds made available to a 
                person under this paragraph may not be used 
                for--
                          ``(i) any private nonprofit facility 
                        located in a regulatory floodway (as 
                        defined in section 59.1 of title 44, 
                        Code of Federal Regulations (or a 
                        successor regulation)); or
                          ``(ii) any uninsured private 
                        nonprofit facility located in a special 
                        flood hazard area identified by the 
                        Director of the Federal Emergency 
                        Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 
                        4001 et seq.).''.
  (d) Eligible Cost.--
          (1) In general.--Section 406 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5172) is amended by striking subsection (e) 
        and inserting the following:
  ``(e) Eligible Cost.--
          ``(1) Determination.--
                  ``(A) In general.--For the purposes of this 
                section, the President shall estimate the 
                eligible cost of repairing, restoring, 
                reconstructing, or replacing a public facility 
                or private nonprofit facility--
                          ``(i) on the basis of the design of 
                        the facility as the facility existed 
                        immediately before the major disaster; 
                        and
                          ``(ii) in conformity with codes, 
                        specifications, and standards 
                        (including floodplain management and 
                        hazard mitigation criteria required by 
                        the President or under the Coastal 
                        Barrier Resources Act (16 U.S.C. 3501 
                        et seq.)) applicable at the time at 
                        which the disaster occurred.
                  ``(B) Cost estimation procedures.--
                          ``(i) In general.--Subject to 
                        paragraph (2), the President shall use 
                        the cost estimation procedures 
                        established under paragraph (3) to 
                        determine the eligible cost under this 
                        subsection.
                          ``(ii) Applicability.--The procedures 
                        specified in this paragraph and 
                        paragraph (2) shall apply only to 
                        projects the eligible cost of which is 
                        equal to or greater than the amount 
                        specified in section 422.
          ``(2) Modification of eligible cost.--
                  ``(A) Actual cost greater than ceiling 
                percentage of estimated cost.--In any case in 
                which the actual cost of repairing, restoring, 
                reconstructing, or replacing a facility under 
                this section is greater than the ceiling 
                percentage established under paragraph (3) of 
                the cost estimated under paragraph (1), the 
                President may determine that the eligible cost 
                includes a portion of the actual cost of the 
                repair, restoration, reconstruction, or 
                replacement that exceeds the cost estimated 
                under paragraph (1).
                  ``(B) Actual cost less than estimated cost.--
                          ``(i) Greater than or equal to floor 
                        percentage of estimated cost.--In any 
                        case in which the actual cost of 
                        repairing, restoring, reconstructing, 
                        or replacing a facility under this 
                        section is less than 100 percent of the 
                        cost estimated under paragraph (1), but 
                        is greater than or equal to the floor 
                        percentage established under paragraph 
                        (3) of the cost estimated under 
                        paragraph (1), the State or local 
                        government or person receiving funds 
                        under this section shall use the excess 
                        funds to carry out cost-effective 
                        activities that reduce the risk of 
                        future damage, hardship, or suffering 
                        from a major disaster.
                          ``(ii) Less than floor percentage of 
                        estimated cost.--In any case in which 
                        the actual cost of repairing, 
                        restoring, reconstructing, or replacing 
                        a facility under this section is less 
                        than the floor percentage established 
                        under paragraph (3) of the cost 
                        estimated under paragraph (1), the 
                        State or local government or person 
                        receiving assistance under this section 
                        shall reimburse the President in the 
                        amount of the difference.
                  ``(C) No effect on appeals process.--Nothing 
                in this paragraph affects any right of appeal 
                under section 423.
          ``(3) Expert panel.--
                  ``(A) Establishment.--Not later than 18 
                months after the date of the enactment of this 
                paragraph, the President, acting through the 
                Director of the Federal Emergency Management 
                Agency, shall establish an expert panel, which 
                shall include representatives from the 
                construction industry and State and local 
                government.
                  ``(B) Duties.--The expert panel shall develop 
                recommendations concerning--
                          ``(i) procedures for estimating the 
                        cost of repairing, restoring, 
                        reconstructing, or replacing a facility 
                        consistent with industry practices; and
                          ``(ii) the ceiling and floor 
                        percentages referred to in paragraph 
                        (2).
                  ``(C) Regulations.--Taking into account the 
                recommendations of the expert panel under 
                subparagraph (B), the President shall 
                promulgate regulations that establish--
                          ``(i) cost estimation procedures 
                        described in subparagraph (B)(i); and
                          ``(ii) the ceiling and floor 
                        percentages referred to in paragraph 
                        (2).
                  ``(D) Review by president.--Not later than 2 
                years after the date of promulgation of 
                regulations under subparagraph (C) and 
                periodically thereafter, the President shall 
                review the cost estimation procedures and the 
                ceiling and floor percentages established under 
                this paragraph.
                  ``(E) Report to congress.--Not later than 1 
                year after the date of promulgation of 
                regulations under subparagraph (C), 3 years 
                after that date, and at the end of each 2-year 
                period thereafter, the expert panel shall 
                submit to Congress a report on the 
                appropriateness of the cost estimation 
                procedures.
          ``(4) Special rule.--In any case in which the 
        facility being repaired, restored, reconstructed, or 
        replaced under this section was under construction on 
        the date of the major disaster, the cost of repairing, 
        restoring, reconstructing, or replacing the facility 
        shall include, for the purposes of this section, only 
        those costs that, under the contract for the 
        construction, are the owner's responsibility and not 
        the contractor's responsibility.''.
          (2) Effective date.--The amendment made by paragraph 
        (1) takes effect on the date of the enactment of this 
        Act and applies to funds appropriated after the date of 
        the enactment of this Act, except that paragraph (1)(B) 
        of section 406(e) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (as amended by 
        paragraph (1)) takes effect on the date on which the 
        cost estimation procedures established under paragraph 
        (3) of that section take effect.
  (e) Conforming Amendment.--Section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172) is amended by striking subsection (f).

           *       *       *       *       *       *       *

                              ----------                              


           PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965



           *       *       *       *       *       *       *
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

           *       *       *       *       *       *       *


SEC. 209. GRANTS FOR ECONOMIC ADJUSTMENT.

  (a) In General.--On the application of an eligible recipient, 
the Secretary may make grants for development of public 
facilities, public services, business development (including 
funding of a revolving loan fund), planning, technical 
assistance, training, and any other assistance to alleviate 
long-term economic deterioration and sudden and severe economic 
dislocation and further the economic adjustment objectives of 
this title.
  (b) Criteria for Assistance.--The Secretary may provide 
assistance under this section only if the Secretary determines 
that--
          (1) the project will help the area to meet a special 
        need arising from--
                  (A) actual or threatened severe unemployment; 
                or
                  (B) economic adjustment problems resulting 
                from severe changes in economic conditions; and
          (2) the area for which a project is to be carried out 
        has a comprehensive economic development strategy and 
        the project is consistent with the strategy, except 
        that this paragraph shall not apply to planning 
        projects.
  (c) Particular Community Assistance.--Assistance under this 
section may include assistance provided for activities 
identified by communities, the economies of which are injured 
by--
          (1) military base closures or realignments, defense 
        contractor reductions in force, or Department of Energy 
        defense-related funding reductions, for help in 
        diversifying their economies through projects to be 
        carried out on Federal Government installations or 
        elsewhere in the communities;
          (2) disasters or emergencies, in areas with respect 
        to which a major disaster or emergency has been 
        declared under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
        for post-disaster economic recovery;
          (3) international trade, for help in economic 
        restructuring of the communities;
          (4) fishery failures, in areas with respect to which 
        a determination that there is a commercial fishery 
        failure has been made under section 312(a) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1861a(a)); or
          (5) the loss of manufacturing jobs, for reinvesting 
        in and diversifying the economies of the communities.
  (d) Special Provisions Relating to Revolving Loan Fund 
Grants.--
          (1) In general.--The Secretary shall promulgate 
        regulations to maintain the proper operation and 
        financial integrity of revolving loan funds established 
        by recipients with assistance under this section.
          (2) Efficient administration.--The Secretary may--
                  (A) at the request of a grantee, amend and 
                consolidate grant agreements governing 
                revolving loan funds to provide flexibility 
                with respect to lending areas and borrower 
                criteria;
                  (B) assign or transfer assets of a revolving 
                loan fund to third party for the purpose of 
                liquidation, and the third party may retain 
                assets of the fund to defray costs related to 
                liquidation; and
                  (C) take such actions as are appropriate to 
                enable revolving loan fund operators to sell or 
                securitize loans (except that the actions may 
                not include issuance of a Federal guaranty by 
                the Secretary).
          (3) Treatment of actions.--An action taken by the 
        Secretary under this subsection with respect to a 
        revolving loan fund shall not constitute a new 
        obligation if all grant funds associated with the 
        original grant award have been disbursed to the 
        recipient.
          (4) Preservation of securities laws.--
                  (A) Not treated as exempted securities.--No 
                securities issued pursuant to paragraph (2)(C) 
                shall be treated as exempted securities for 
                purposes of the Securities Act of 1933 (15 
                U.S.C. 77a et seq.) or the Securities Exchange 
                Act of 1934 (15 U.S.C. 78a et seq.), unless 
                exempted by rule or regulation of the 
                Securities and Exchange Commission.
                  (B) Preservation.--Except as provided in 
                subparagraph (A), no provision of this 
                subsection or any regulation promulgated by the 
                Secretary under this subsection supersedes or 
                otherwise affects the application of the 
                securities laws (as the term is defined in 
                section 3(a) of the Securities Exchange Act of 
                1934 (15 U.S.C. 78c(a))) or the rules, 
                regulations, or orders of the Securities and 
                Exchange Commission or a self-regulatory 
                organization under that Commission.
  (e) Disaster Mitigation.--In providing assistance pursuant to 
subsection (c)(2), if appropriate and as applicable, the 
Secretary may encourage hazard mitigation in assistance 
provided pursuant to such subsection.

           *       *       *       *       *       *       *

                              ----------                              


          POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006



           *       *       *       *       *       *       *
TITLE VI--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


Subtitle C--Comprehensive Preparedness System

           *       *       *       *       *       *       *


                   CHAPTER 2--ADDITIONAL PREPAREDNESS

SEC. 661. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  (a) In General.--The Administrator may make grants to 
administer the Emergency Management Assistance Compact 
consented to by the Joint Resolution entitled ``Joint 
Resolution granting the consent of Congress to the Emergency 
Management Assistance Compact'' (Public Law 104-321; 110 Stat. 
3877).
  (b) Uses.--A grant under this section shall be used--
          (1) to carry out recommendations identified in the 
        Emergency Management Assistance Compact after-action 
        reports for the 2004 and 2005 hurricane season;
          (2) to administer compact operations on behalf of all 
        member States and territories;
          (3) to continue coordination with the Agency and 
        appropriate Federal agencies;
          (4) to continue coordination with State, local, and 
        tribal government entities and their respective 
        national organizations; and
          (5) to assist State and local governments, emergency 
        response providers, and organizations representing such 
        providers with credentialing emergency response 
        providers and the typing of emergency response 
        resources.
  (c) Coordination.--The Administrator shall consult with the 
Administrator of the Emergency Management Assistance Compact to 
ensure effective coordination of efforts in responding to 
requests for assistance.
  (d) Authorization.--There is authorized to be appropriated to 
carry out this section $4,000,000 [for fiscal year 2008] for 
each of fiscal years 2018 through 2022. Such sums shall remain 
available until expended.

SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

  (a) Definitions.--In this section--
          (1) the term ``program'' means the emergency 
        management performance grants program described in 
        subsection (b); and
          (2) the term ``State'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).
  (b) In general.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program, to make grants to States 
to assist State, local, and tribal governments in preparing for 
all hazards, as authorized by the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
  (c) Federal Share.--Except as otherwise specifically provided 
by title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal 
share of the cost of an activity carried out using funds made 
available under the program shall not exceed 50 percent.
  (d) Apportionment.--For fiscal year 2008, and each fiscal 
year thereafter, the Administrator shall apportion the amounts 
appropriated to carry out the program among the States as 
follows:
          (1) Baseline amount.--The Administrator shall first 
        apportion 0.25 percent of such amounts to each of 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, and the Virgin Islands and 0.75 
        percent of such amounts to each of the remaining 
        States.
          (2) Remainder.--The Administrator shall apportion the 
        remainder of such amounts in the ratio that--
                  (A) the population of each State; bears to
                  (B) the population of all States.
  (e) Consistency in Allocation.--Notwithstanding subsection 
(d), in any fiscal year before fiscal year 2013 in which the 
appropriation for grants under this section is equal to or 
greater than the appropriation for emergency management 
performance grants in fiscal year 2007, no State shall receive 
an amount under this section for that fiscal year less than the 
amount that State received in fiscal year 2007.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out [the program--]
          [(1) for fiscal year 2008, $400,000,000;
          [(2) for fiscal year 2009, $535,000,000;
          [(3) for fiscal year 2010, $680,000,000;
          [(4) for fiscal year 2011, $815,000,000; and
          [(5) for fiscal year 2012] the program, for each of 
        fiscal years 2018 through 2022, $950,000,000.

           *       *       *       *       *       *       *

                              ----------                              


                 SANDY RECOVERY IMPROVEMENT ACT OF 2013



           *       *       *       *       *       *       *
DIVISION B--SANDY RECOVERY IMPROVEMENT ACT OF 2013

           *       *       *       *       *       *       *


SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) Eligible assistance.--The term ``eligible 
        assistance'' means assistance--
                  (A) under section 403, 406, or 407 of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170b, 
                5172, 5173);
                  (B) for which the legitimate amount in 
                dispute is not less than $1,000,000, which sum 
                the Administrator shall adjust annually to 
                reflect changes in the Consumer Price Index for 
                all Urban Consumers published by the Department 
                of Labor;
                  (C) for which the applicant has a non-Federal 
                share; and
                  (D) for which the applicant has received a 
                decision on a first appeal.
  (b) Procedures.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, and in order to 
        facilitate an efficient recovery from major disasters, 
        the Administrator shall establish procedures under 
        which an applicant may request the use of alternative 
        dispute resolution, including arbitration by an 
        independent review panel, to resolve disputes relating 
        to eligible assistance.
          (2) Binding effect.--A decision by an independent 
        review panel under this section shall be binding upon 
        the parties to the dispute.
          (3) Considerations.--The procedures established under 
        this section shall--
                  (A) allow a party of a dispute relating to 
                eligible assistance to request an independent 
                review panel for the review;
                  (B) require a party requesting an independent 
                review panel as described in subparagraph (A) 
                to agree to forgo rights to any further appeal 
                of the dispute relating to any eligible 
                assistance;
                  (C) require that the sponsor of an 
                independent review panel for any alternative 
                dispute resolution under this section be--
                          (i) an individual or entity 
                        unaffiliated with the dispute (which 
                        may include a Federal agency, an 
                        administrative law judge, or a 
                        reemployed annuitant who was an 
                        employee of the Federal Government) 
                        selected by the Administrator; and
                          (ii) responsible for identifying and 
                        maintaining an adequate number of 
                        independent experts qualified to review 
                        and resolve disputes under this 
                        section;
                  (D) require an independent review panel to--
                          (i) resolve any remaining disputed 
                        issue in accordance with all applicable 
                        laws, regulations, and Agency 
                        interpretations of those laws through 
                        its published policies and guidance;
                          (ii) consider only evidence contained 
                        in the administrative record, as it 
                        existed at the time at which the Agency 
                        made its initial decision;
                          (iii) only set aside a decision of 
                        the Agency found to be arbitrary, 
                        capricious, an abuse of discretion, or 
                        otherwise not in accordance with law; 
                        and
                          (iv) in the case of a finding of 
                        material fact adverse to the claimant 
                        made on first appeal, only set aside or 
                        reverse such finding if the finding is 
                        clearly erroneous;
                  (E) require an independent review panel to 
                expeditiously issue a written decision for any 
                alternative dispute resolution under this 
                section; and
                  (F) direct that if an independent review 
                panel for any alternative dispute resolution 
                under this section determines that the basis 
                upon which a party submits a request for 
                alternative dispute resolution is frivolous, 
                the independent review panel shall direct the 
                party to pay the reasonable costs to the 
                Federal Emergency Management Agency relating to 
                the review by the independent review panel. Any 
                funds received by the Federal Emergency 
                Management Agency under the authority of this 
                section shall be deposited to the credit of the 
                appropriation or appropriations available for 
                the eligible assistance in dispute on the date 
                on which the funds are received.
  (c) Sunset.--A request for review by an independent review 
panel under this section may not be made after December 31, 
[2015] 2022.

           *       *       *       *       *       *       *

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]