[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3041 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3041
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for disaster recovery reforms, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2018
Mr. Johnson introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for disaster recovery reforms, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Disaster Recovery
Reform Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Applicability.
Sec. 3. Definitions.
Sec. 4. Wildfire prevention.
Sec. 5. Additional activities.
Sec. 6. Eligibility for code implementation and enforcement.
Sec. 7. Program improvements.
Sec. 8. Prioritization of facilities.
Sec. 9. Guidance on evacuation routes.
Sec. 10. Duplication of benefits.
Sec. 11. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 12. Assistance to individuals and households.
Sec. 13. Multifamily lease and repair assistance.
Sec. 14. Private nonprofit facility.
Sec. 15. Management costs.
Sec. 16. Flexibility.
Sec. 17. Additional disaster assistance.
Sec. 18. National veterinary emergency teams.
Sec. 19. Right of arbitration.
Sec. 20. Unified Federal environmental and historic preservation
review.
Sec. 21. Closeout incentives.
Sec. 22. Performance of services.
Sec. 23. Study to streamline and consolidate information collection.
Sec. 24. Agency accountability.
Sec. 25. Audit of contracts.
Sec. 26. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 27. Relief organizations.
Sec. 28. Guidance on inundated and submerged roads.
Sec. 29. Guidance and recommendations.
Sec. 30. Guidance on hazard mitigation assistance.
Sec. 31. Additional hazard mitigation activities.
Sec. 32. National public infrastructure predisaster hazard mitigation.
Sec. 33. Additional mitigation activities.
Sec. 34. Reimbursement.
Sec. 35. Flood insurance.
Sec. 36. Certain recoupment prohibited.
Sec. 37. Federal assistance to individuals and households and nonprofit
facilities.
Sec. 38. Cost of assistance estimates.
Sec. 39. Report on insurance shortfalls.
SEC. 2. APPLICABILITY.
Except as otherwise expressly provided, the amendments in this Act
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) apply to each major disaster and emergency
declared by the President on or after August 1, 2017, under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) State.--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).
SEC. 4. 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 322(e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ``or event under section 420'' after ``major
disaster'' each place it appears; and
(2) in section 404(a) (42 U.S.C. 5170c(a)), as amended by
section 32 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.
(c) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Administrator 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 Committees on Appropriations 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 added
by this section.
SEC. 5. 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, such as--
``(1) reseeding ground cover with quick-growing or native
species;
``(2) mulching with straw or chipped wood;
``(3) constructing straw, rock, or log dams in small
tributaries to prevent flooding;
``(4) placing logs and other erosion barriers to catch
sediment on hill slopes;
``(5) installing debris traps to modify road and trail
drainage mechanisms;
``(6) modifying or removing culverts to allow drainage to
flow freely;
``(7) adding drainage dips and constructing emergency
spillways to keep roads and bridges from washing out during
floods;
``(8) planting grass to prevent the spread of noxious
weeds;
``(9) installing warning signs;
``(10) establishing defensible space measures;
``(11) reducing hazardous fuels;
``(12) windstorm damage, including replacing or installing
electrical transmission or distribution utility pole structures
with poles that are resilient to extreme wind and combined ice
and wind loadings for the basic wind speeds and ice conditions
associated with the relevant location;
``(13) removing standing burned trees; and
``(14) replacing water systems that have been burned and
have caused contamination.''.
SEC. 6. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.
(a) In General.--Section 402 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) provide assistance to State and local governments for
building code and floodplain management ordinance
administration and enforcement, including inspections for
substantial damage compliance.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
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) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
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. 7. 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 the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(d)) is
amended--
(1) by striking ``Participation in'' and inserting the
following:
``(1) In general.--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 the Robert T. Stafford
Disaster Relief and Emergency Assistance 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 at the end
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 and
eligible costs, as long as there is no evidence of
fraud.''.
SEC. 8. PRIORITIZATION OF FACILITIES.
Not later than 180 days after the date of enactment of this Act,
the Administrator 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;
(2) how hospitals, nursing homes and other long-term care
facilities should adequately prepare for power outages during a
major disaster or emergency (as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)); and
(3) how State, Tribal, and local governments, first
responders, utility companies, hospitals, nursing homes, and
other long-term care facilities should develop a strategy to
coordinate emergency response plans, including the activation
of emergency response plans, in anticipation of a major
disaster, including severe weather events.
SEC. 9. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Identification.--The Administrator, 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, 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 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 subsection (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 of the
Federal Highway Administration considers appropriate.
SEC. 10. 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.''.
SEC. 11. 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)--
(A) by striking the paragraph heading and inserting
``State- or tribal-administered assistance and other
needs assistance.--'';
(B) in subparagraph (A)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsections (c)(1)(B), (c)(4), and
(e) if the President and the State or Tribal
government comply, as determined by the
Administrator, with paragraph (3)''; and
(C) in subparagraph (B)--
(i) by striking ``financial''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsections (c)(1)(B), (c)(4), and
(e)''; and
(2) by adding at the end the following:
``(3) Requirements.--
``(A) Application.--A State or Tribal government
desiring to provide assistance under subsection
(c)(1)(B), (c)(4), or (e) shall submit to the President
an application for a grant to provide financial
assistance under the program.
``(B) Criteria.--The President, in consultation and
coordination with State, Tribal, and local governments,
shall establish criteria for the approval of
applications submitted under subparagraph (A). The
criteria shall include, at a minimum--
``(i) a requirement that the State or
Tribal government submit a housing strategy
under subparagraph (C);
``(ii) the demonstrated ability of the
State or Tribal government to manage the
program under this section;
``(iii) there being in effect a plan
approved by the President as to how the State
or Tribal government will comply with
applicable Federal laws and regulations and how
the State or Tribal government will provide
assistance under its plan;
``(iv) a requirement that the State,
Tribal, or local government comply with rules
and regulations established pursuant to
subsection (j); and
``(v) a requirement that the President, or
the designee of the President, comply with
subsection (i).
``(C) Requirement of housing strategy.--
``(i) In general.--A State or Tribal
government submitting an application under this
paragraph shall have an approved housing
strategy, which shall be developed and
submitted to the President for approval.
``(ii) Requirements.--The housing strategy
required under clause (i) shall--
``(I) outline the approach of the
State in working with Federal partners,
Tribal governments, local communities,
nongovernmental organizations, and
individual disaster survivors to meet
disaster-related sheltering and housing
needs; and
``(II) include the establishment of
an activation plan for a State Disaster
Housing Task Force, as outlined in the
National Disaster Housing Strategy, to
bring together State, Tribal, local,
Federal, nongovernmental, and private
sector expertise to evaluate housing
requirements, consider potential
solutions, recognize special needs
populations, and propose
recommendations.
``(D) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President, shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for this program and for programs under
subsections (c)(1)(B), (c)(4), and (e). The President
shall monitor and conduct quality assurance activities
on a State or Tribal government's implementation of
programs under subsections (c)(1)(B), (c)(4), and (e).
If, after approving an application of a State or Tribal
government submitted under this paragraph, the
President determines that the State or Tribal
government is not administering the program established
by this section in a manner satisfactory to the
President, the President shall withdraw the approval.
``(E) Audits.--The Inspector General of the
Department of Homeland Security shall provide for
periodic audits of the programs administered by States
and Tribal governments under this subsection.
``(F) Applicable laws.--All Federal laws applicable
to the management, administration, or contracting of
the programs by the Federal Emergency Management Agency
under this section shall be applicable to the
management, administration, or contracting by a non-
Federal entity under this section.
``(G) Report on effectiveness.--Not later than 18
months after the date of enactment of this paragraph,
the Inspector General of the Department of Homeland
Security shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the
State or Tribal government's role to provide assistance
under this section. The report shall contain an
assessment of the effectiveness of the State or Tribal
government's role to provide assistance under this
section, including--
``(i) whether the State or Tribal
government's role helped to improve the general
speed of disaster recovery;
``(ii) whether the State or Tribal
government providing assistance under this
section had the capacity to administer this
section; and
``(iii) recommendations for changes to
improve the program if the State or Tribal
government's role to administer the programs
should be continued.
``(H) Report on incentives.--Not later than 12
months after the date of enactment of this paragraph,
the Administrator of the Federal Emergency Management
Agency shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on a
proposed incentive structure for awards made under this
section to encourage participation by eligible States
and to potentially add cost-share requirements that are
reasonable to support increased State management
according to this section.
``(I) Prohibition.--The President may not condition
the provision of Federal assistance under this Act by a
State or Tribal government requesting a grant under
this section.
``(J) Miscellaneous.--
``(i) Notice and comment.--The
Administrator of the Federal Emergency
Management Agency may waive notice and comment
rulemaking, if the Administrator determines
doing so is necessary to expeditiously
implement this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
``(ii) Final rule.--Not later than 2 years
after the date of enactment of this paragraph,
the Administrator of the Federal Emergency
Management Agency shall issue final regulations
to implement this subsection as amended by the
Disaster Recovery Reform Act of 2018.
``(iii) Waiver and expiration.--The
authority under clause (i) and any pilot
program implemented pursuant to such clause
shall expire 2 years after the date of
enactment of this paragraph or upon issuance of
final regulations pursuant to clause (ii),
whichever occurs sooner.''.
SEC. 12. 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) In general.--The maximum amount of assistance
established under paragraph (1) shall exclude expenses
to repair or replace damaged accessibility-related
improvements under paragraphs (2), (3), and (4) of
subsection (c) for individuals with disabilities.
``(B) Other needs assistance.--The maximum amount
of assistance established under paragraph (2) shall
exclude expenses to repair or replace accessibility-
related personal property under subsection (e)(2) for
individuals with disabilities.''.
SEC. 13. 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--
(1) 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)), as amended
by this Act, including the adequacy of any benefit-cost
analysis done to justify the use of this alternative; and
(2) submit a report on the results of the assessment
conducted under paragraph (1) to the appropriate committees of
Congress.
SEC. 14. 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 by
inserting ``food banks,'' after ``shelter workshops,''.
SEC. 15. 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) in paragraph (1), as so designated, by striking
``establish'' and inserting ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator of
Federal Emergency Management Agency shall provide the following
percentage rates, in addition to the eligible project costs, to
cover direct and indirect costs of administering the following
programs:
``(A) Hazard mitigation.--A grantee under section
404 may be reimbursed not more than 15 percent of the
total amount of the grant award under such section of
which not more than 10 percent may be used by the
grantee and 5 percent by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections
403, 406, 407, and 502 may be reimbursed not more than
12 percent of the total award amount under such
sections, of which not more than 7 percent may be used
by the grantee and 5 percent by the subgrantee for such
costs.''.
SEC. 16. FLEXIBILITY.
(a) Waiver Authority.--
(1) Definition.--In this subsection, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) 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, 5191) on or after
October 28, 2012.
(2) Authority.--Notwithstanding section 3716(e) of title
31, United States Code, the Administrator--
(A) subject to subparagraph (B), may waive a debt
owed to the United States related to covered assistance
provided to an individual or household if--
(i) the covered assistance was distributed
based on an error by the Agency;
(ii) there was no fault on behalf of the
debtor; and
(iii) the collection of the debt would be
against equity and good conscience; and
(B) may not waive a debt under subparagraph (A) 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.
(3) Monitoring of covered assistance distributed based on
error.--
(A) 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.
(B) Removal of waiver authority based on excessive
error rate.--If the Inspector General of the Department
of Homeland Security determines, with respect to any
12-month period, that the amount of covered assistance
distributed based on an error by the Agency exceeds 4
percent of the total amount of covered assistance
distributed--
(i) the Inspector General shall notify the
Administrator and publish the determination in
the Federal Register; and
(ii) with respect to any major disaster or
emergency declared by the President under
section 401 or section 501, respectively, of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42
U.S.C. 5191) after the date on which the
determination is published under subparagraph
(A), the authority of the Administrator to
waive debt under paragraph (2) shall no longer
be effective.
(b) Recoupment of Certain Assistance Prohibited.--
(1) In general.--Notwithstanding section 3716(e) of title
31, United States Code, and unless there is evidence of civil
or criminal fraud, the Agency may not take any action to recoup
covered assistance from the recipient of such assistance if the
receipt of such assistance occurred on a date that is more than
3 years before the date on which the Agency first provides to
the recipient written notification of an intent to recoup.
(2) Covered assistance defined.--In this subsection, the
term ``covered assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) in relation to a major disaster or emergency
declared by the President under section 401 or 501 of
such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on or after
January 1, 2012.
(c) Statute of Limitations.--
(1) In general.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205)
is amended--
(A) in subsection (a)(1)--
(i) by striking ``Except'' and inserting
``Notwithstanding section 3716(e) of title 31,
United States Code, and except''; and
(ii) by striking ``report for the disaster
or emergency'' and inserting ``report for
project completion as certified by the
grantee''; and
(B) in subsection (b)--
(i) in paragraph (1) by striking ``report
for the disaster or emergency'' and inserting
``report for project completion as certified by
the grantee''; and
(ii) in paragraph (3) by inserting ``for
project completion as certified by the
grantee'' after ``final expenditure report''.
(2) Applicability.--
(A) In general.--With respect to disaster or
emergency assistance provided to a State or local
government on or after January 1, 2004--
(i) no administrative action may be taken
to recover a payment of such assistance after
the date of enactment of this Act if the action
is prohibited under section 705(a)(1) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5205(a)(1)), as amended by paragraph (1); and
(ii) any administrative action to recover a
payment of such assistance that is pending on
such date of enactment shall be terminated if
the action is prohibited under section
705(a)(1) of that Act, as amended by paragraph
(1).
(B) Limitation.--This section, including the
amendments made by this section, may not be construed
to invalidate or otherwise affect any administration
action completed before the date of enactment of this
Act.
SEC. 17. 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.
5170b(a)(3)) is amended by striking the second subparagraph (J).
SEC. 18. NATIONAL VETERINARY EMERGENCY TEAMS.
(a) In General.--The Administrator 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
departments of animal and human health), veterinary and health
care professionals, and volunteers.
SEC. 19. RIGHT OF ARBITRATION.
Section 423 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189a) is amended by adding at the end the
following:
``(d) Right of Arbitration.--
``(1) In general.--Notwithstanding this section, an
applicant for assistance under this title may request
arbitration to dispute the eligibility for assistance or
repayment of assistance provided for a dispute of more than
$500,000. Such arbitration shall be conducted de novo by the
Civilian Board of Contract Appeals and the decision of such
Board shall be binding.
``(2) Eligibility.--To participate in arbitration under
this subsection, an applicant--
``(A) shall submit the dispute to the arbitration
process established under the authority granted under
section 601 of division A of Public Law 111-5 (123
Stat. 115); and
``(B) may submit a request for arbitration after
the completion of the first appeal under subsection (a)
at any time before the Administrator of the Federal
Emergency Management Agency has issued a final agency
determination.
``(3) Limitation of appeal.--Upon the submission of a
request for arbitration, an applicant shall forfeit all rights
to further appeal.''.
SEC. 20. 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 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 major disaster or emergency declared by the
President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191).
(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. 21. 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 of the Federal
Emergency Management Agency may develop incentives and
penalties that encourage State, Tribal, or local governments to
close out expenditures and activities on a timely basis related
to disaster or emergency assistance.
``(2) Agency requirements.--The Federal Emergency
Management Agency shall, consistent with applicable regulations
and required procedures, meet its responsibilities to improve
closeout practices and reduce the time to close disaster
program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement the amendments made by this section.
SEC. 22. 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 3 years, to positions in the Federal Emergency
Management Agency in the same manner that competitive service employees
with competitive status are considered for transfer, reassignment, or
promotion to such positions. An individual appointed under this
subsection shall become a career-conditional employee, unless the
employee has already completed the service requirements for career
tenure.''.
SEC. 23. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, 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, the Disaster
Assistance Working Group of the Council of the Inspectors
General on Integrity and Efficiency, and other appropriate
agencies, develop a plan for the regular collection and
reporting of information on Federal disaster assistance
awarded, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans developed under paragraphs (1) and (2)
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. 24. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator of the Federal Emergency Management
Agency shall publish on the website of the Federal Emergency Management
Agency the specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator of the Federal Emergency Management Agency shall
publish on the website of the Federal Emergency Management
Agency any mission assignment or mission assignment task order
to another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Indian
Tribe;
``(B) the disaster declaration for such State or
Indian Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if
applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Indian
Tribe requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator of the Federal Emergency
Management Agency shall update any changes to the total cost
estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal Emergency
Management Agency reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year;
``(B) the unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1;
``(C) the amount of obligations for noncatastrophic
events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year, which shall be submitted
not later than the fifth day of each month, published by the
Administrator of the Federal Emergency Management Agency on the
website of the Federal Emergency Management Agency not later
than the fifth day of each month:
``(A) A summary of the amount of appropriations
made available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity
delineated by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category
(including emergency measures and disaster
resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator of the Federal Emergency
Management Agency shall publish on the website of the Federal
Emergency Management Agency the specifics of each contract in
excess of $1,000,000 that the Federal Emergency Management
Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount and scope of the contract;
``(D) if the contract was awarded through
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator of the Federal Emergency
Management Agency shall provide a report to the appropriate
committees of Congress summarizing the following information
for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.
``(e) Report on the Collection of Public Assistance Recipient and
Subrecipient Contracts.--Not later than 180 days after the date of
enactment of this subsection, the Administrator of the Federal
Emergency Management Agency shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on the efforts of the Federal Emergency Management
Agency to collect information on any contract prior to the project
closeout phase for more than $500,000 that a public assistance
recipient or subrecipient enters into using grant monies under section
324, 403, 406, 407, 428, or 502, to improve oversight efforts by the
Inspector General of the Department and others, including--
``(1) the name of each party;
``(2) the date the contract was awarded;
``(3) the amount of the contract;
``(4) the scope of the contract;
``(5) the period of performance for the contract; and
``(6) whether the contract was awarded through a
competitive bidding process.''.
SEC. 25. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator 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 that prohibits the Administrator or the
Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
SEC. 26. 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 Agency
for tarps and plastic sheeting for the Commonwealth of Puerto Rico and
the United States Virgin Islands 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 the Agency to evaluate
offerors and award the relevant contracts to contractors;
(2) the assessment conducted by the Agency 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) the assessment conducted by the Agency of the capacity
of the contractors to carry out the relevant contracts,
including with respect to inventory, production, and financial
capabilities;
(4) how the Agency 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 the subsequent cancellation
by the Agency of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the United States Virgin Islands.
(c) Report.--Not later than 270 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. 27. 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, domestic hunger
relief, and other relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, domestic hunger
relief, and other relief, or''.
SEC. 28. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator, 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 declared by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), 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), as amended by this Act.
SEC. 29. GUIDANCE AND RECOMMENDATIONS.
(a) Guidance.--The Administrator shall provide guidance to a common
interest community that provides essential services of a governmental
nature on actions that a common interest community may take in order to
be eligible to receive reimbursement from a grantee that receives funds
from the Agency for certain activities performed after an event that
results in a 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).
(b) Recommendations.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide 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 legislative proposal on how to provide eligibility for
disaster assistance with respect to common areas of condominiums and
housing cooperatives.
SEC. 30. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue guidance regarding
the acquisition of property for open space as a mitigation measure
under section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) that includes--
(1) a process by which the State hazard mitigation officer
appointed for such an acquisition shall, not later than 60 days
after the applicant for assistance enters into an agreement
with the Administrator regarding the acquisition, provide
written notification to each affected unit of local government
for such acquisition that includes--
(A) the location of the acquisition;
(B) the State-local assistance agreement for the
hazard mitigation grant program;
(C) a description of the acquisition; and
(D) a copy of the deed restriction; and
(2) recommendations for entering into and implementing a
memorandum of understanding between units of local government
and covered entities that includes provisions to allow an
affected unit of local government notified under paragraph (1)
to--
(A) use and maintain the open space created by such
a project, consistent with section 404 (including
related regulations, standards, and guidance) and
consistent with all adjoining property, subject to the
notification of the adjoining property, so long as the
cost of the maintenance is borne by the local
government; and
(B) maintain the open space pursuant to standards
exceeding any local government standards defined in the
agreement with the Administrator described under
paragraph (1).
(b) Definitions.--In this section:
(1) Affected unit of local government.--The term ``affected
unit of local government'' means any entity covered by the
definition of local government in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122), that has jurisdiction over the property subject
to the acquisition described in subsection (a).
(2) Covered entity.--The term ``covered entity'' means--
(A) the grantee or subgrantee receiving assistance
for an open space project described in subsection (a);
(B) the State in which such project is located; and
(C) the applicable Regional Administrator of the
Agency.
SEC. 31. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c), as amended by section 5, is amended
by adding at the end the following:
``(g) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use the
assistance to conduct activities to help reduce the risk of future
damage, hardship, loss, or suffering in any area affected by earthquake
hazards, including--
``(1) improvements to regional seismic networks in support
of building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in support of
building a capability for earthquake early warning.''.
SEC. 32. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.
(a) 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
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iv) to establish, adopt, and carry out
enforcement activities to implement the latest
published editions of relevant consensus-based
codes, specifications, and standards that
incorporate the latest hazard-resistant designs
and establish minimum acceptable criteria for
the design, construction, and maintenance of
residential structures and facilities that may
be eligible for assistance under this Act for
the purpose of protecting the health, safety,
and general welfare of the buildings' users
against disasters.'';
(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
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available
to local governments of a State) under this subsection
that remain unobligated by the end of the third fiscal
year after the fiscal year for which the amounts were
allocated; and
``(B) in the fiscal year following a fiscal year in
which amounts were withdrawn under subparagraph (A),
add the amounts to any other amounts available to be
awarded on a competitive basis pursuant to paragraph
(1).'';
(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 inserting 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
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount of
the grants to be made pursuant to sections 403, 406, 407, 408,
410, 416, and 428 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act, the
estimated aggregate amount of grants for purposes of paragraph
(1) shall be determined by the President and such estimated
amount need not be reduced, increased, or changed due to
variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407, 408,
410, 416, and 428 under this Act.'';
(6) by striking subsections (j) and (m); and
(7) by redesignating subsections (k), (l), and (n) as
subsections (j), (k), and (l), respectively.
(b) Applicability.--The amendments made to section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to
funds appropriated after the date of enactment of this Act.
SEC. 33. 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 the Robert T. Stafford
Disaster Relief and Emergency Assistance 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'' at the end;
(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) Other Eligible Cost.--Section 406(e)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(e)(1)) is amended by adding at the end the following:
``(C) Contributions.--Contributions for the
eligible cost made under this section may be provided
on an actual cost basis or on cost-estimation
procedures.''.
(d) New Rules.--Section 406(e) of the Robert T. Stafford Disaster
Relief and Emergency Assistance 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, and in consultation with
the heads of relevant Federal departments and agencies,
shall issue a final rulemaking that defines the terms
`resilient' and `resiliency' for purposes of this
subsection.
``(B) Interim guidance.--Not later than 60 days
after the date of enactment of this paragraph, the
Administrator shall issue interim guidance to implement
this subsection. Such interim guidance shall expire 18
months after the date of enactment of this paragraph or
upon issuance of final regulations pursuant to
subparagraph (A), whichever occurs first.
``(C) Guidance.--Not later than 90 days after the
date on which the Administrator issues the final
rulemaking under this paragraph, the Administrator
shall issue any necessary guidance related to the
rulemaking.
``(D) Report.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall submit to Congress a report summarizing the
regulations and guidance issued pursuant to this
paragraph.''.
(e) Conforming Amendment.--Section 205(d)(2) of the Disaster
Mitigation Act of 2000 (42 U.S.C. 5172 note) is amended by inserting
``(B)'' after ``except that paragraph (1)''.
SEC. 34. REIMBURSEMENT.
The Agency shall retroactively reimburse State and units of local
government (for a period of 3 years after the declaration of a major
disaster under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that
a locally implemented housing solution, implemented by State or units
of local government, costs 50 percent of the comparable Agency solution
or whatever the locally implemented solution costs, whichever is lower.
SEC. 35. FLOOD INSURANCE.
Section 406(d)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(d)(1)) is amended by adding at
the end the following: ``This section shall not apply to more than 1
building of a multi-structure educational, law enforcement,
correctional, fire, or medical campus, effective January 1, 2016.''.
SEC. 36. CERTAIN RECOUPMENT PROHIBITED.
(a) In General.--Notwithstanding any other provision of law, the
Agency shall deem any covered disaster assistance to have been properly
procured, provided, and utilized, and shall restore any funding of
covered disaster assistance previously provided but subsequently
withdrawn or deobligated.
(b) Covered Disaster Assistance Defined.--In this section, the term
``covered disaster assistance'' means assistance--
(1) provided to a local government pursuant to section 403,
406, or 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); and
(2) with respect to which, the Inspector General of the
Department of Homeland Security has determined, after an audit,
that--
(A) the Agency deployed to the local government a
Technical Assistance Contractor to review field
operations, provide eligibility advice, and assist with
day-to-day decisions;
(B) the Technical Assistance Contractor provided
inaccurate information to the local government; and
(C) the local government relied on the inaccurate
information to determine that relevant contracts were
eligible, reasonable, and reimbursable.
SEC. 37. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS AND NONPROFIT
FACILITIES.
(a) Critical Document Fee Waiver.--Section 408(e) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(e)) is amended by adding at the end the following:
``(3) Critical document fee waiver.--
``(A) In general.--Notwithstanding section 1 of the
Passport Act of June 4, 1920 (22 U.S.C. 214) or any
other provision of law, the President, in consultation
with the Governor of a State, may provide a waiver
under this section to an individual or household
described in paragraph (1) of the following document
replacement fees:
``(i) The passport application fee for
individuals who lost their United States
passport.
``(ii) The file search fee for a United
States passport.
``(iii) The Application for Waiver of
Passport and/or Visa form (Form I-193) fee.
``(iv) The Permanent Resident Card
replacement form (Form I-90) filing fee.
``(v) The Declaration of Intention form
(Form N-300) filing fee.
``(vi) The Naturalization/Citizenship
Document replacement form (Form N-565) filing
fee.
``(vii) The Employment Authorization form
(Form I-765) filing fee.
``(viii) The biometric service fee.
``(B) Exemption from form requirement.--The
authority of the President to waive fees under clauses
(iii) through (viii) of subparagraph (A) applies
regardless of whether the individual or household
qualifies for a Form I-912 Request for Fee Waiver, or
any successor thereto.
``(C) Exemption from assistance maximum.--The
assistance limit in subsection (h) shall not apply to
any fee waived under this paragraph.''.
(b) Federal Assistance to Private Nonprofit Childcare Facilities.--
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended by
inserting ``(including private nonprofit center-based childcare)''
after ``education''.
SEC. 38. COST OF ASSISTANCE ESTIMATES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review the factors
considered when evaluating a request for a major disaster declaration
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), specifically the estimated cost of the
assistance.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and initiate a
rulemaking to update how the Agency estimates the cost of major
disaster assistance, including adjusting the per capita impact
indicator for annual inflation for all years since 1986, and consider
other impacts on the capacity of a jurisdiction to respond to
disasters.
(c) Implementation.--The Administrator--
(1) shall ensure that any new methodology developed under
this section shall be phased in over a period of not less than
5 years; and
(2) may subject adjustments to an increase of not more than
10 percent annually for jurisdictions, if the Administrator
determines the increase is necessary to allow additional time
to appropriately budget for future disasters.
(d) Report.--Not later than 365 days after the date of enactment of
this Act, the Administrator shall--
(1) submit a report to the committees of jurisdiction of
Congress on the initiative to modernize the per capita impact
indicator; and
(2) present recommendations for new measures to assess the
capacities of States to respond to and recover from disasters.
SEC. 39. REPORT ON INSURANCE SHORTFALLS.
Section 311 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5154) is amended by adding at the end the
following:
``(d) Report on Insurance Shortfalls.--Not later than 2 years after
the date of enactment of this subsection, and each year thereafter, the
Administrator of the Federal Emergency Management Agency shall submit a
report to Congress on the number of instances and the estimated amounts
involved, by State, for cases in which self-insurance amounts have been
insufficient to address flood damages.''.
<all>