,,ii #aaeth ,,congress #b;d ,session ,s4 #cjda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjah ,mr4 ,johnson introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act to provide for disaster recovery reforms1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,disaster ,recovery ,reform ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,applicability4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,wildfire prevention4 ,sec4 #e4 ,additional activities4 ,sec4 #f4 ,eligibility for code implementation and enforcement4 ,sec4 #g4 ,program improvements4 ,sec4 #h4 ,prioritization of facilities4 ,sec4 #i4 ,guidance on evacuation routes4 ,sec4 #aj4 ,duplication of benefits4 ,sec4 #aa4 ,state administration of assistance for direct temporary housing and permanent housing construction4 ,sec4 #ab4 ,assistance to individuals and households4 ,sec4 #ac4 ,multifamily lease and repair assistance4 ,sec4 #ad4 ,private nonprofit facility4 ,sec4 #ae4 ,management costs4 ,sec4 #af4 ,flexibility4 ,sec4 #ag4 ,additional disaster assistance4 ,sec4 #ah4 ,national veterinary emergency teams4 ,sec4 #ai4 ,right of arbitration4 ,sec4 #bj4 ,unified ,federal environmental and historic preservation review4 ,sec4 #ba4 ,closeout incentives4 ,sec4 #bb4 ,performance of services4 ,sec4 #bc4 ,study to streamline and consolidate information collection4 ,sec4 #bd4 ,agency accountability4 ,sec4 #be4 ,audit of contracts4 ,sec4 #bf4 ,inspector general audit of ,,fema contracts for tarps and plastic sheeting4 ,sec4 #bg4 ,relief organizations4 ,sec4 #bh4 ,guidance on inundated and submerged roads4 ,sec4 #bi4 ,guidance and recommendations4 ,sec4 #cj4 ,guidance on hazard mitigation assistance4 ,sec4 #ca4 ,additional hazard mitigation activities4 ,sec4 #cb4 ,national public infrastructure predisaster hazard mitigation4 ,sec4 #cc4 ,additional mitigation activities4 ,sec4 #cd4 ,reimbursement4 ,sec4 #ce4 ,flood insurance4 ,sec4 #cf4 ,certain recoupment prohibited4 ,sec4 #cg4 ,federal assistance to individuals and households and nonprofit facilities4 ,sec4 #ch4 ,cost of assistance estimates4 ,sec4 #ci4 ,report on insurance shortfalls4 #b4 ,applicability ,except as otherwise expressly provided1 the amendments in this ,act to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 apply to each major disaster and emergency declared by the ,president on or after ,august #a1 #bjag1 under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,agency ,the term ,agency means the ,federal ,emergency ,management ,agency4 7#c7 ,state ,the term ,state has the meaning given that term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 #d4 ,wildfire prevention 7a7 ,mitigation assistance ,section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,hazard mitigation assistance ,whether or not a major disaster is declared1 the ,president may provide hazard mitigation assistance in accordance with section #djd in any area affected by a fire for which assistance was provided under this section4 4 7b7 ,conforming amendments ,the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 is amended-- 7#a7 in section #cbb7;e77#a7 7#db ,u4,s4,c4 #eafe7;e77#a771 by inserting or event under section #dbj after major disaster each place it appears2 and 7#b7 in section #djd7;a7 7#db ,u4,s4,c4 #eagj;c7a771 as amended by section #cb of this ,act-- 7,a7 by inserting before the first period 1 or any area affected by a fire for which assistance was provided under section #dbj2 and 7,b7 in the third sentence by inserting or event under section #dbj after major disaster each place it appears4 7c7 ,reporting requirement ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,administrator shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives a report containing a summary of any projects carried out1 and any funding provided to those projects1 under subsection 7d7 of section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg71 as added by this section4 #e4 ,additional activities ,section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7 is amended by adding at the end the following3 7f7 ,use of assistance ,recipients of hazard mitigation assistance provided under this section and section #bjc may use the assistance to conduct activities to help reduce the risk of future damage1 hardship1 loss1 or suffering in any area affected by a wildfire or windstorm1 such as-- 7#a7 reseeding ground cover with quick-growing or native species2 7#b7 mulching with straw or chipped wood2 7#c7 constructing straw1 rock1 or log dams in small tributaries to prevent flooding2 7#d7 placing logs and other erosion barriers to catch sediment on hill slopes2 7#e7 installing debris traps to modify road and trail drainage mechanisms2 7#f7 modifying or removing culverts to allow drainage to flow freely2 7#g7 adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods2 7#h7 planting grass to prevent the spread of noxious weeds2 7#i7 installing warning signs2 7#aj7 establishing defensible space measures2 7#aa7 reducing hazardous fuels2 7#ab7 windstorm damage1 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 location2 7#ac7 removing standing burned trees2 and 7#ad7 replacing water systems that have been burned and have caused contamination4 4 #f4 ,eligibility for code implementation and enforcement 7a7 ,in general ,section #djb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;a7 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 provide assistance to ,state and local governments for building code and floodplain management ordinance administration and enforcement1 including inspections for substantial damage compliance4 4 7b7 ,repair1 restoration1 and replacement of damaged facilities ,section #djf7;a77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;a77#b77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than #ahj days after the major disaster is declared4 4 #g4 ,program improvements 7a7 ,hazard ,mitigation ,section #djf7;c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;c77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking #ij percent of2 and 7#b7 in paragraph 7#b77;,a71 by striking #ge percent of4 7b7 ,participation ,section #dbh7;d7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;f7d77 is amended-- 7#a7 by striking ,participation in and inserting the following3 7#a7 ,in general ,participation in 2 and 7#b7 by adding at the end the following3 7#b7 ,no conditions ,the ,president may not condition the provision of ,federal assistance under this ,act on the election by a ,state1 ,tribal1 or local government1 or owner or operator of a private nonprofit facility to participate in the alternative procedures adopted under this section4 4 7c7 ,certification ,section #dbh7;e77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;f7e77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,g7 once certified by a professionally licensed engineer and accepted by the ,administrator1 the estimates on which grants made pursuant to this section are based shall be presumed to be reasonable and eligible costs1 as long as there is no evidence of fraud4 4 #h4 ,prioritization of facilities ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall provide guidance and training on an annual basis to ,state1 ,tribal1 and local governments1 first responders1 and utility companies on-- 7#a7 the need to prioritize assistance to hospitals1 nursing homes1 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 hazards1 including severe weather events2 7#b7 how hospitals1 nursing homes and other long-term care facilities should adequately prepare for power outages during a major disaster or emergency 7as those terms are defined in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb772 and 7#c7 how ,state1 ,tribal1 and local governments1 first responders1 utility companies1 hospitals1 nursing homes1 and other long-term care facilities should develop a strategy to coordinate emergency response plans1 including the activation of emergency response plans1 in anticipation of a major disaster1 including severe weather events4 #i4 ,guidance on evacuation routes 7a7 ,in general 7#a7 ,identification ,the ,administrator1 in coordination with the ,administrator of the ,federal ,highway ,administration1 shall develop and issue guidance for ,state1 local1 and ,tribal governments regarding the identification of evacuation routes4 7#b7 ,guidance ,the ,administrator of the ,federal ,highway ,administration1 in coordination with the ,administrator1 shall revise existing guidance or issue new guidance as appropriate for ,state1 local1 and ,tribal governments regarding the design1 construction1 maintenance1 and repair of evacuation routes4 7b7 ,considerations 7#a7 ,identification ,in developing the guidance under subsection 7a77#a71 the ,administrator shall consider-- 7,a7 whether evacuation routes have resisted impacts and recovered quickly from disasters1 regardless of cause2 7,b7 the need to evacuate special needs populations1 including-- 7i7 individuals with a physical or mental disability2 7ii7 individuals in schools1 daycare centers1 mobile home parks1 prisons1 nursing homes and other long-term care facilities1 and detention centers2 7iii7 individuals with limited-,english proficiency2 7iv7 the elderly2 and 7v7 individuals who are tourists1 seasonal workers1 or homeless2 7,c7 the sharing of information and other public communications with evacuees during evacuations2 7,d7 the sheltering of evacuees1 including the care1 protection1 and sheltering of animals2 7,e7 the return of evacuees to their homes2 and 7,f7 such other items the ,administrator considers appropriate4 7#b7 ,design1 construction1 maintenance1 and repair ,in revising or issuing guidance under subsection 7a77#b71 the ,administrator of the ,federal ,highway ,administration shall consider-- 7,a7 methods that assist evacuation routes to-- 7i7 withstand likely risks to viability1 including flammability and hydrostatic forces2 7ii7 improve durability1 strength 7including the ability to withstand tensile stresses and compressive stresses71 and sustainability2 and 7iii7 provide for long-term cost savings2 7,b7 the ability of evacuation routes to effectively manage contraflow operations2 7,c7 for evacuation routes on public lands1 the viewpoints of the applicable ,federal land management agency regarding emergency operations1 sustainability1 and resource protection2 and 7,d7 such other items the ,administrator of the ,federal ,highway ,administration considers appropriate4 #aj4 ,duplication of benefits 7a7 ,in general ,section #cab7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaee7;b77 is amended by adding at the end the following3 7#d7 ,waiver of general prohibition 7,a7 ,in general ,the ,president may waive the general prohibition provided in subsection 7a7 upon request of a ,governor on behalf of the ,state or on behalf of a person1 business concern1 or any other entity suffering losses as a result of a major disaster or emergency1 if the ,president finds such waiver is in the public interest and will not result in waste1 fraud1 or abuse4 ,in making this decision1 the ,president may consider the following3 7i7 ,the recommendations of the ,administrator of the ,federal ,emergency ,management ,agency made in consultation with the ,federal agency or agencies administering the duplicative program4 7ii7 ,if a waiver is granted1 the assistance to be funded is cost effective4 7iii7 ,equity and good conscience4 7iv7 ,other matters of public policy considered appropriate by the ,president4 7,b7 ,grant or denial of waiver ,a request under subparagraph 7,a7 shall be granted or denied not later than #de days after submission of such request4 7,c7 ,prohibition on determination that loan is a duplication ,notwithstanding subsection 7c71 in carrying out subparagraph 7,a71 the ,president may not determine that a loan is a duplication of assistance1 provided that all ,federal assistance is used toward a loss suffered as a result of the major disaster or emergency4 4 #aa4 ,state administration of assistance for direct temporary housing and permanent housing construction ,section #djh7;f7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the paragraph heading and inserting ,state- or ,tribal-administered assistance and other needs assistance4--2 7,b7 in subparagraph 7,a7-- 7i7 by striking financial2 and 7ii7 by striking subsection 7e7 and inserting subsections 7c77#a77;,b71 7c77#d71 and 7e7 if the ,president and the ,state or ,tribal government comply1 as determined by the ,administrator1 with paragraph 7#c72 and 7,c7 in subparagraph 7,b7-- 7i7 by striking financial2 and 7ii7 by striking subsection 7e7 and inserting subsections 7c77#a77;,b71 7c77#d71 and 7e72 and 7#b7 by adding at the end the following3 7#c7 ,requirements 7,a7 ,application ,a ,state or ,tribal government desiring to provide assistance under subsection 7c77#a77;,b71 7c77#d71 or 7e7 shall submit to the ,president an application for a grant to provide financial assistance under the program4 7,b7 ,criteria ,the ,president1 in consultation and coordination with ,state1 ,tribal1 and local governments1 shall establish criteria for the approval of applications submitted under subparagraph 7,a74 ,the criteria shall include1 at a minimum-- 7i7 a requirement that the ,state or ,tribal government submit a housing strategy under subparagraph 7,c72 7ii7 the demonstrated ability of the ,state or ,tribal government to manage the program under this section2 7iii7 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 plan2 7iv7 a requirement that the ,state1 ,tribal1 or local government comply with rules and regulations established pursuant to subsection 7j72 and 7v7 a requirement that the ,president1 or the designee of the ,president1 comply with subsection 7i74 7,c7 ,requirement of housing strategy 7i7 ,in general ,a ,state or ,tribal government submitting an application under this paragraph shall have an approved housing strategy1 which shall be developed and submitted to the ,president for approval4 7ii7 ,requirements ,the housing strategy required under clause 7i7 shall-- 7,i7 outline the approach of the ,state in working with ,federal partners1 ,tribal governments1 local communities1 nongovernmental organizations1 and individual disaster survivors to meet disaster-related sheltering and housing needs2 and 7,,ii7 include the establishment of an activation plan for a ,state ,disaster ,housing ,task ,force1 as outlined in the ,national ,disaster ,housing ,strategy1 to bring together ,state1 ,tribal1 local1 ,federal1 nongovernmental1 and private sector expertise to evaluate housing requirements1 consider potential solutions1 recognize special needs populations1 and propose recommendations4 7,d7 ,quality assurance ,before approving an application submitted under this section1 the ,president1 or the designee of the ,president1 shall institute adequate policies1 procedures1 and internal controls to prevent waste1 fraud1 abuse1 and program mismanagement for this program and for programs under subsections 7c77#a77;,b71 7c77#d71 and 7e74 ,the ,president shall monitor and conduct quality assurance activities on a ,state or ,tribal government's implementation of programs under subsections 7c77#a77;,b71 7c77#d71 and 7e74 ,if1 after approving an application of a ,state or ,tribal government submitted under this paragraph1 the ,president determines that the ,state or ,tribal government is not administering the program established by this section in a manner satisfactory to the ,president1 the ,president shall withdraw the approval4 7,e7 ,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 subsection4 7,f7 ,applicable laws ,all ,federal laws applicable to the management1 administration1 or contracting of the programs by the ,federal ,emergency ,management ,agency under this section shall be applicable to the management1 administration1 or contracting by a non-,federal entity under this section4 7,g7 ,report on effectiveness ,not later than #ah months after the date of enactment of this paragraph1 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 section4 ,the report shall contain an assessment of the effectiveness of the ,state or ,tribal government's role to provide assistance under this section1 including-- 7i7 whether the ,state or ,tribal government's role helped to improve the general speed of disaster recovery2 7ii7 whether the ,state or ,tribal government providing assistance under this section had the capacity to administer this section2 and 7iii7 recommendations for changes to improve the program if the ,state or ,tribal government's role to administer the programs should be continued4 7,h7 ,report on incentives ,not later than #ab months after the date of enactment of this paragraph1 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 section4 7,i7 ,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 section4 7,j7 ,miscellaneous 7i7 ,notice and comment ,the ,administrator of the ,federal ,emergency ,management ,agency may waive notice and comment rulemaking1 if the ,administrator determines doing so is necessary to expeditiously implement this section1 and may carry out this section as a pilot program until such regulations are promulgated4 7ii7 ,final ,rule ,not later than #b years after the date of enactment of this paragraph1 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 #bjah4 7iii7 ,waiver and expiration ,the authority under clause 7i7 and any pilot program implemented pursuant to such clause shall expire #b years after the date of enactment of this paragraph or upon issuance of final regulations pursuant to clause 7ii71 whichever occurs sooner4 4 #ab4 ,assistance to individuals and households ,section #djh7;h7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;h77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 excluding financial assistance to rent alternate housing accommodations under subsection 7c77#a77;,a77i7 and financial assistance to address other needs under subsection 7e7 after disaster2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,other needs assistance ,the maximum financial assistance any individual or household may receive under subsection 7e7 shall be equivalent to the amount set forth in paragraph 7#a7 with respect to a single major disaster4 2 7#d7 in paragraph 7#c71 as so redesignated1 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b72 and 7#e7 by inserting after paragraph 7#c71 as so redesignated1 the following3 7#d7 ,exclusion of necessary expenses for individuals with disabilities 7,a7 ,in general ,the maximum amount of assistance established under paragraph 7#a7 shall exclude expenses to repair or replace damaged accessibility-related improvements under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c7 for individuals with disabilities4 7,b7 ,other needs assistance ,the maximum amount of assistance established under paragraph 7#b7 shall exclude expenses to repair or replace accessibility-related personal property under subsection 7e77#b7 for individuals with disabilities4 4 #ac4 ,multifamily lease and repair assistance 7a7 ,lease and repair of rental units for temporary housing ,section #djh7;c77#a77;,b77ii77,,ii7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;c77#a77;,b77ii77,,ii77 is amended to read as follows3 7,,ii7 ,improvements or repairs ,under the terms of any lease agreement for property entered into under this subsection1 the value of the improvements or repairs shall be deducted from the value of the lease agreement4 4 7b7 ,rental properties impacted ,section #djh7;c77#a77;,b77ii77,i77aa7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;c77#a77;,b77ii77,i77aa77 is amended to read as follows3 7aa7 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 section2 and 4 7c7 ,inspector general report ,not later than #b years after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall-- 7#a7 assess the use of the authority provided under section #djh7;c77#a77;,b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;c77#a77;,b771 as amended by this ,act1 including the adequacy of any benefit-cost analysis done to justify the use of this alternative2 and 7#b7 submit a report on the results of the assessment conducted under paragraph 7#a7 to the appropriate committees of ,congress4 #ad4 ,private nonprofit facility ,section #ajb7aa77;,b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7aa77;,b77 is amended by inserting food banks1 after shelter workshops14 #ae4 ,management costs ,section #cbd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe;b7 is amended-- 7#a7 in subsection 7a71 by striking any administrative expense1 and any other expense not directly chargeable to and inserting direct administrative cost1 and any other administrative expense associated with2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,notwithstanding and inserting the following3 7#a7 ,in general ,notwithstanding 2 7,b7 in paragraph 7#a71 as so designated1 by striking establish and inserting implement2 and 7,c7 by adding at the end the following3 7#b7 ,specific ,management ,costs ,the ,administrator of ,federal ,emergency ,management ,agency shall provide the following percentage rates1 in addition to the eligible project costs1 to cover direct and indirect costs of administering the following programs3 7,a7 ,hazard mitigation ,a grantee under section #djd may be reimbursed not more than #ae percent of the total amount of the grant award under such section of which not more than #aj percent may be used by the grantee and #e percent by the subgrantee for such costs4 7,b7 ,public ,assistance ,a grantee under sections #djc1 #djf1 #djg1 and #ejb may be reimbursed not more than #ab percent of the total award amount under such sections1 of which not more than #g percent may be used by the grantee and #e percent by the subgrantee for such costs4 4 #af4 ,flexibility 7a7 ,waiver authority 7#a7 ,definition ,in this subsection1 the term covered assistance means assistance provided-- 7,a7 under section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd72 and 7,b7 in relation to a major disaster or emergency declared by the ,president under section #dja or #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia7 on or after ,october #bh1 #bjab4 7#b7 ,authority ,notwithstanding section #cgaf7;e7 of title #ca1 ,united ,states ,code1 the ,administrator-- 7,a7 subject to subparagraph 7,b71 may waive a debt owed to the ,united ,states related to covered assistance provided to an individual or household if-- 7i7 the covered assistance was distributed based on an error by the ,agency2 7ii7 there was no fault on behalf of the debtor2 and 7iii7 the collection of the debt would be against equity and good conscience2 and 7,b7 may not waive a debt under subparagraph 7,a7 if the debt involves fraud1 the presentation of a false claim1 or misrepresentation by the debtor or any party having an interest in the claim4 7#c7 ,monitoring of covered assistance distributed based on error 7,a7 ,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 error4 7,b7 ,removal of waiver authority based on excessive error rate ,if the ,inspector ,general of the ,department of ,homeland ,security determines1 with respect to any #ab-month period1 that the amount of covered assistance distributed based on an error by the ,agency exceeds #d percent of the total amount of covered assistance distributed-- 7i7 the ,inspector ,general shall notify the ,administrator and publish the determination in the ,federal ,register2 and 7ii7 with respect to any major disaster or emergency declared by the ,president under section #dja or section #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj2 #db ,u4,s4,c4 #eaia7 after the date on which the determination is published under subparagraph 7,a71 the authority of the ,administrator to waive debt under paragraph 7#b7 shall no longer be effective4 7b7 ,recoupment of certain assistance prohibited 7#a7 ,in general ,notwithstanding section #cgaf7;e7 of title #ca1 ,united ,states ,code1 and unless there is evidence of civil or criminal fraud1 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 #c years before the date on which the ,agency first provides to the recipient written notification of an intent to recoup4 7#b7 ,covered assistance defined ,in this subsection1 the term covered assistance means assistance provided-- 7,a7 under section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd72 and 7,b7 in relation to a major disaster or emergency declared by the ,president under section #dja or #eja of such ,act 7#db ,u4,s4,c4 #eagj2 #db ,u4,s4,c4 #eaia7 on or after ,january #a1 #bjab4 7c7 ,statute of limitations 7#a7 ,in general ,section #gje of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebje7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 by striking ,except and inserting ,notwithstanding section #cgaf7;e7 of title #ca1 ,united ,states ,code1 and except2 and 7ii7 by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7 by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee2 and 7ii7 in paragraph 7#c7 by inserting for project completion as certified by the grantee after final expenditure report4 7#b7 ,applicability 7,a7 ,in general ,with respect to disaster or emergency assistance provided to a ,state or local government on or after ,january #a1 #bjjd-- 7i7 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 #gje7;a77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebje7;a77#a771 as amended by paragraph 7#a72 and 7ii7 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 #gje7;a77#a7 of that ,act1 as amended by paragraph 7#a74 7,b7 ,limitation ,this section1 including the amendments made by this section1 may not be construed to invalidate or otherwise affect any administration action completed before the date of enactment of this ,act4 #ag4 ,additional disaster assistance 7a7 ,disaster mitigation ,section #bji of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7 is amended by adding at the end the following3 7e7 ,disaster mitigation ,in providing assistance pursuant to subsection 7c77#b71 if appropriate and as applicable1 the ,secretary may encourage hazard mitigation in assistance provided pursuant to such subsection4 4 7b7 ,emergency management assistance compact grants ,section #ffa7;d7 of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gfa7;d77 is amended by striking for fiscal year #bjjh and inserting for each of fiscal years #bjah through #bjbb4 7c7 ,emergency management performance grants program ,section #ffb7;f7 of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gfb7;f77 is amended by striking the program and all that follows through #bjab and inserting the program1 for each of fiscal years #bjah through #bjbb4 7d7 ,technical amendment ,section #djc7;a77#c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b7a77#c77 is amended by striking the second subparagraph 7,j74 #ah4 ,national veterinary emergency teams 7a7 ,in general ,the ,administrator may establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine4 7b7 ,responsibilities ,a national veterinary emergency team shall-- 7#a7 deploy with a team of the ,national ,urban ,search and ,rescue ,response ,system to assist with-- 7,a7 veterinary care of canine search teams2 7,b7 locating and treating companion animals1 service animals1 livestock1 and other animals2 and 7,c7 surveillance and treatment of zoonotic diseases2 7#b7 recruit1 train1 and certify veterinary professionals1 including veterinary students1 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 7#a72 7#c7 assist ,state1 ,tribal1 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 disaster2 and 7#d7 coordinate with the ,department of ,homeland ,security1 the ,department of ,health and ,human ,services1 the ,department of ,agriculture1 ,state1 ,tribal1 and local governments 7including departments of animal and human health71 veterinary and health care professionals1 and volunteers4 #ai4 ,right of arbitration ,section #dbc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;a7 is amended by adding at the end the following3 7d7 ,right of arbitration 7#a7 ,in general ,notwithstanding this section1 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 #ejj1jjj4 ,such arbitration shall be conducted de novo by the ,civilian ,board of ,contract ,appeals and the decision of such ,board shall be binding4 7#b7 ,eligibility ,to participate in arbitration under this subsection1 an applicant-- 7,a7 shall submit the dispute to the arbitration process established under the authority granted under section #fja of division ,a of ,public ,law #aaa-e 7#abc ,stat4 #aae72 and 7,b7 may submit a request for arbitration after the completion of the first appeal under subsection 7a7 at any time before the ,administrator of the ,federal ,emergency ,management ,agency has issued a final agency determination4 7#c7 ,limitation of appeal ,upon the submission of a request for arbitration1 an applicant shall forfeit all rights to further appeal4 4 #bj4 ,unified ,federal environmental and historic preservation review 7a7 ,review and analysis ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall review the ,unified ,federal ,environmental and ,historic ,preservation review process established pursuant to section #dbi of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;g71 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 following3 7#a7 ,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 projects4 7#b7 ,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 #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia74 7#c7 ,recommendations on any further actions1 including any legislative proposals1 needed to expedite and streamline the review process4 7b7 ,regulations ,after completing the review1 survey1 and analyses under subsection 7a71 but not later than #b years after the date of enactment of this ,act1 and after providing notice and opportunity for public comment1 the ,administrator shall issue regulations to implement any regulatory recommendations1 including any categorical exclusions identified under subsection 7a71 to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations1 and section ,,ii of ,,dhs ,instruction ,manual #jbc-ja-jja-ja4 #ba4 ,closeout incentives 7a7 ,facilitating closeout ,section #gje of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebje7 is amended by adding at the end the following3 7d7 ,facilitating closeout 7#a7 ,incentives ,the ,administrator of the ,federal ,emergency ,management ,agency may develop incentives and penalties that encourage ,state1 ,tribal1 or local governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance4 7#b7 ,agency requirements ,the ,federal ,emergency ,management ,agency shall1 consistent with applicable regulations and required procedures1 meet its responsibilities to improve closeout practices and reduce the time to close disaster program awards4 4 7b7 ,regulations ,the ,administrator shall issue regulations to implement the amendments made by this section4 #bb4 ,performance of services ,section #cjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadi7 is amended by adding at the end the following3 7c7 ,the ,administrator of the ,federal ,emergency ,management ,agency is authorized to appoint temporary personnel1 after serving continuously for #c years1 to positions in the ,federal ,emergency ,management ,agency in the same manner that competitive service employees with competitive status are considered for transfer1 reassignment1 or promotion to such positions4 ,an individual appointed under this subsection shall become a career-conditional employee1 unless the employee has already completed the service requirements for career tenure4 4 #bc4 ,study to streamline and consolidate information collection ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 in coordination with the ,small ,business ,administration1 the ,department of ,housing and ,urban ,development1 the ,disaster ,assistance ,working ,group of the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 and other appropriate agencies1 conduct a study and develop a plan1 consistent with law1 under which the collection of information from disaster assistance applicants and grantees will be modified1 streamlined1 expedited1 efficient1 flexible1 consolidated1 and simplified to be less burdensome1 duplicative1 and time consuming for applicants and grantees2 7#b7 in coordination with the ,small ,business ,administration1 the ,department of ,housing and ,urban ,development1 the ,disaster ,assistance ,working ,group of the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 and other appropriate agencies1 develop a plan for the regular collection and reporting of information on ,federal disaster assistance awarded1 including the establishment and maintenance of a website for presenting the information to the public2 and 7#c7 submit the plans developed under paragraphs 7#a7 and 7#b7 to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #bd4 ,agency accountability ,title ,,iv of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj et seq47 is amended by adding at the end the following3 #dcj4 ,agency accountability 7a7 ,public ,assistance ,not later than #e days after an award of a public assistance grant is made under section #djf that is in excess of #a1jjj1jjj1 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 award1 including-- 7#a7 identifying the ,federal ,emergency ,management ,agency ,region2 7#b7 the disaster or emergency declaration number2 7#c7 the ,state1 county1 and applicant name2 7#d7 if the applicant is a private nonprofit organization2 7#e7 the damage category code2 7#f7 the amount of the ,federal share obligated2 and 7#g7 the date of the award4 7b7 ,mission ,assignments 7#a7 ,in general ,not later than #e days after the issuance of a mission assignment or mission assignment task order1 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 #a1jjj1jjj1 including-- 7,a7 the name of the impacted ,state or ,indian ,tribe2 7,b7 the disaster declaration for such ,state or ,indian ,tribe2 7,c7 the assigned agency2 7,d7 the assistance requested2 7,e7 a description of the disaster2 7,f7 the total cost estimate2 7,g7 the amount obligated2 7,h7 the ,state or ,tribal cost share1 if applicable2 7,i7 the authority under which the mission assignment or mission assignment task order was directed2 and 7,j7 if applicable1 the date a ,state or ,indian ,tribe requested the mission assignment4 7#b7 ,recording changes ,not later than #aj days after the last day of each month until a mission assignment or mission assignment task order described in paragraph 7#a7 is completed and closed out1 the ,administrator of the ,federal ,emergency ,management ,agency shall update any changes to the total cost estimate and the amount obligated4 7c7 ,disaster ,relief ,monthly ,report ,not later than #aj days after the first day of each month1 the ,administrator of the ,federal ,emergency ,management ,agency shall publish on the website of the ,federal ,emergency ,management ,agency reports1 including a specific description of the methodology and the source data used in developing such reports1 including-- 7#a7 an estimate of the amounts for the fiscal year covered by the ,president's most recent budget pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 including-- 7,a7 the unobligated balance of funds to be carried over from the prior fiscal year to the budget year2 7,b7 the unobligated balance of funds to be carried over from the budget year to the budget year plus #a2 7,c7 the amount of obligations for noncatastrophic events for the budget year2 7,d7 the amount of obligations for the budget year for catastrophic events delineated by event and by ,state2 7,e7 the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by ,state for all prior years1 the current fiscal year1 the budget year1 and each fiscal year thereafter2 7,f7 the amount of previously obligated funds that will be recovered for the budget year2 7,g7 the amount that will be required for obligations for emergencies1 as described in section #ajb7a71 major disasters1 as described in section #ajb7b71 fire management assistance grants1 as described in section #dbj1 surge activities1 and disaster readiness and support activities2 and 7,h7 the amount required for activities not covered under section #bea7;b77#b77;,d77iii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,d77iii772 and 7#b7 an estimate or actual amounts1 if available1 of the following for the current fiscal year1 which shall be submitted not later than the fifth day of each month1 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 month3 7,a7 ,a summary of the amount of appropriations made available by source1 the transfers executed1 the previously allocated funds recovered1 and the commitments1 allocations1 and obligations made4 7,b7 ,a table of disaster relief activity delineated by month1 including-- 7i7 the beginning and ending balances2 7ii7 the total obligations to include amounts obligated for fire assistance1 emergencies1 surge1 and disaster support activities2 7iii7 the obligations for catastrophic events delineated by event and by ,state2 and 7iv7 the amount of previously obligated funds that are recovered4 7,c7 ,a summary of allocations1 obligations1 and expenditures for catastrophic events delineated by event4 7,d7 ,the cost of the following categories of spending3 7i7 ,public assistance4 7ii7 ,individual assistance4 7iii7 ,mitigation4 7iv7 ,administrative4 7v7 ,operations4 7vi7 ,any other relevant category 7including emergency measures and disaster resources7 delineated by disaster4 7,e7 ,the date on which funds appropriated will be exhausted4 7d7 ,contracts 7#a7 ,information ,not later than #aj days after the first day of each month1 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 #a1jjj1jjj that the ,federal ,emergency ,management ,agency enters into1 including-- 7,a7 the name of the party2 7,b7 the date the contract was awarded2 7,c7 the amount and scope of the contract2 7,d7 if the contract was awarded through competitive bidding process2 7,e7 if no competitive bidding process was used1 the reason why competitive bidding was not used2 and 7,f7 the authority used to bypass the competitive bidding process4 ,the information shall be delineated by disaster1 if applicable1 and specify the damage category code1 if applicable4 7#b7 ,report ,not later than #aj days after the last day of the fiscal year1 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 year3 7,a7 ,the number of contracts awarded without competitive bidding4 7,b7 ,the reasons why a competitive bidding process was not used4 7,c7 ,the total amount of contracts awarded with no competitive bidding4 7,d7 ,the damage category codes1 if applicable1 for contracts awarded without competitive bidding4 7e7 ,report on the collection of public assistance recipient and subrecipient contracts ,not later than #ahj days after the date of enactment of this subsection1 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 #ejj1jjj that a public assistance recipient or subrecipient enters into using grant monies under section #cbd1 #djc1 #djf1 #djg1 #dbh1 or #ejb1 to improve oversight efforts by the ,inspector ,general of the ,department and others1 including-- 7#a7 the name of each party2 7#b7 the date the contract was awarded2 7#c7 the amount of the contract2 7#d7 the scope of the contract2 7#e7 the period of performance for the contract2 and 7#f7 whether the contract was awarded through a competitive bidding process4 4 #be4 ,audit of contracts ,notwithstanding any other provision of law1 the ,administrator shall not reimburse a ,state1 ,tribe1 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 contract4 #bf4 ,inspector general audit of ,,fema contracts for tarps and plastic sheeting 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 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 ,maria4 7b7 ,considerations ,in carrying out the audit under subsection 7a71 the ,inspector ,general shall review-- 7#a7 the contracting process used by the ,agency to evaluate offerors and award the relevant contracts to contractors2 7#b7 the assessment conducted by the ,agency of the past performance of the contractors1 including any historical information showing that the contractors had supported large-scale delivery quantities in the past2 7#c7 the assessment conducted by the ,agency of the capacity of the contractors to carry out the relevant contracts1 including with respect to inventory1 production1 and financial capabilities2 7#d7 how the ,agency ensured that the contractors met the terms of the relevant contracts2 and 7#e7 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 ,islands4 7c7 ,report ,not later than #bgj days after the date of initiation of the audit under subsection 7a71 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 audit1 including findings and recommendations4 #bg4 ,relief organizations ,section #cji of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaeb7 is amended-- 7#a7 in subsection 7a71 by striking and other relief or and inserting long-term recovery groups1 domestic hunger relief1 and other relief1 or2 and 7#b7 in subsection 7b71 by striking and other relief or and inserting long-term recovery groups1 domestic hunger relief1 and other relief1 or4 #bh4 ,guidance on inundated and submerged roads ,the ,administrator1 in coordination with the ,administrator of the ,federal ,highway ,administration1 shall develop and issue guidance for ,state1 local1 and ,tribal governments regarding repair1 restoration1 and replacement of inundated and submerged roads damaged or destroyed by a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 and for associated expenses incurred by the ,government1 with respect to roads eligible for assistance under section #djf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb71 as amended by this ,act4 #bi4 ,guidance and recommendations 7a7 ,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 #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7b7 ,recommendations ,not later than #ij days after the date of enactment of this ,act1 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 cooperatives4 #cj4 ,guidance on hazard mitigation assistance 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue guidance regarding the acquisition of property for open space as a mitigation measure under section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7 that includes-- 7#a7 a process by which the ,state hazard mitigation officer appointed for such an acquisition shall1 not later than #fj days after the applicant for assistance enters into an agreement with the ,administrator regarding the acquisition1 provide written notification to each affected unit of local government for such acquisition that includes-- 7,a7 the location of the acquisition2 7,b7 the ,state-local assistance agreement for the hazard mitigation grant program2 7,c7 a description of the acquisition2 and 7,d7 a copy of the deed restriction2 and 7#b7 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 7#a7 to-- 7,a7 use and maintain the open space created by such a project1 consistent with section #djd 7including related regulations1 standards1 and guidance7 and consistent with all adjoining property1 subject to the notification of the adjoining property1 so long as the cost of the maintenance is borne by the local government2 and 7,b7 maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with the ,administrator described under paragraph 7#a74 7b7 ,definitions ,in this section3 7#a7 ,affected unit of local government ,the term affected unit of local government means any entity covered by the definition of local government in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb71 that has jurisdiction over the property subject to the acquisition described in subsection 7a74 7#b7 ,covered entity ,the term covered entity means-- 7,a7 the grantee or subgrantee receiving assistance for an open space project described in subsection 7a72 7,b7 the ,state in which such project is located2 and 7,c7 the applicable ,regional ,administrator of the ,agency4 #ca4 ,additional hazard mitigation activities ,section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c71 as amended by section #e1 is amended by adding at the end the following3 7g7 ,use of assistance ,recipients of hazard mitigation assistance provided under this section and section #bjc may use the assistance to conduct activities to help reduce the risk of future damage1 hardship1 loss1 or suffering in any area affected by earthquake hazards1 including-- 7#a7 improvements to regional seismic networks in support of building a capability for earthquake early warning2 7#b7 improvements to geodetic networks in support of building a capability for earthquake early warning2 and 7#c7 improvements to seismometers1 ,global ,positioning ,system receivers1 and associated infrastructure in support of building a capability for earthquake early warning4 4 #cb4 ,national public infrastructure predisaster hazard mitigation 7a7 ,predisaster hazard mitigation ,section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 is amended-- 7#a7 in subsection 7c7 by inserting ,public ,infrastructure after the ,national2 7#b7 in subsection 7e77#a77;,b7-- 7,a7 in clause 7ii71 by striking or at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iv7 to establish1 adopt1 and carry out enforcement activities to implement the latest published editions of relevant consensus-based codes1 specifications1 and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design1 construction1 and maintenance of residential structures and facilities that may be eligible for assistance under this ,act for the purpose of protecting the health1 safety1 and general welfare of the buildings' users against disasters4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by inserting for mitigation activities that are cost effective after competitive basis2 and 7,b7 by adding at the end the following3 7#c7 ,redistribution of unobligated amounts ,the ,president may-- 7,a7 withdraw amounts of financial assistance made available to a ,state 7including amounts made available to local governments of a ,state7 under this subsection that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated2 and 7,b7 in the fiscal year following a fiscal year in which amounts were withdrawn under subparagraph 7,a71 add the amounts to any other amounts available to be awarded on a competitive basis pursuant to paragraph 7#a74 2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#i71 by striking and at the end2 7,b7 by redesignating paragraph 7#aj7 as paragraph 7#ab72 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 the extent to which the ,state or local government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes1 specifications1 and standards that incorporate the latest hazard-resistant designs and establish criteria for the design1 construction1 and maintenance of residential structures and facilities that may be eligible for assistance under this ,act for the purpose of protecting the health1 safety1 and general welfare of the buildings' users against disasters2 7#aa7 the extent to which the assistance will fund activities that increase the level of resiliency2 and 2 7#e7 by striking subsection 7i7 and inserting the following3 7i7 ,national public infrastructure predisaster mitigation assistance 7#a7 ,in general ,the ,president may set aside from the ,disaster ,relief ,fund1 with respect to each major disaster1 an amount equal to #f percent of the estimated aggregate amount of the grants to be made pursuant to sections #djc1 #djf1 #djg1 #djh1 #daj1 #daf1 and #dbh for the major disaster in order to provide technical and financial assistance under this section4 7#b7 ,estimated aggregate amount ,not later than #ahj days after each major disaster declaration pursuant to this ,act1 the estimated aggregate amount of grants for purposes of paragraph 7#a7 shall be determined by the ,president and such estimated amount need not be reduced1 increased1 or changed due to variations in estimates4 7#c7 ,no reduction in amounts ,the amount set aside pursuant to paragraph 7#a7 shall not reduce the amounts otherwise made available for sections #djc1 #djd1 #djf1 #djg1 #djh1 #daj1 #daf1 and #dbh under this ,act4 2 7#f7 by striking subsections 7j7 and 7m72 and 7#g7 by redesignating subsections 7k71 7l71 and 7n7 as subsections 7j71 7k71 and 7l71 respectively4 7b7 ,applicability ,the amendments made to section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 by paragraphs 7#c7 and 7#e7 of subsection 7a7 shall apply to funds appropriated after the date of enactment of this ,act4 #cc4 ,additional mitigation activities 7a7 ,hazard mitigation clarification ,section #djd7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7a77 is amended by striking the first sentence and inserting the following3 ,the ,president may contribute up to #ge percent of the cost of hazard mitigation measures which the ,president has determined are cost effective and which substantially reduce the risk of1 or increase resilience to1 future damage1 hardship1 loss1 or suffering in any area affected by a major disaster44 7b7 ,eligible cost ,section #djf7;e77#a77;,a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;e77#a77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting after section1 the following3 for disasters declared on or after ,august #a1 #bjag1 or a disaster in which a cost estimate has not yet been finalized for a project12 7#b7 in clause 7i71 by striking and at the end2 7#c7 in clause 7ii7-- 7,a7 by striking codes1 specifications1 and standards and inserting the latest published editions of relevant consensus-based codes1 specifications1 and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design1 construction1 and maintenance of residential structures and facilities that may be eligible for assistance under this ,act for the purposes of protecting the health1 safety1 and general welfare of a facility's users against disasters2 7,b7 by striking applicable at the time at which the disaster occurred2 and 7,c7 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7iii7 in a manner that allows the facility to meet the definition of resilient developed pursuant to this subsection4 4 7c7 ,other eligible cost ,section #djf7;e77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;e77#a77 is amended by adding at the end the following3 7,c7 ,contributions ,contributions for the eligible cost made under this section may be provided on an actual cost basis or on cost-estimation procedures4 4 7d7 ,new rules ,section #djf7;e7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;e77 is further amended by adding at the end the following3 7#e7 ,new rules 7,a7 ,in general ,not later than #ah months after the date of enactment of this paragraph1 the ,president1 acting through the ,administrator of the ,federal ,emergency ,management ,agency1 and in consultation with the heads of relevant ,federal departments and agencies1 shall issue a final rulemaking that defines the terms resilient and resiliency for purposes of this subsection4 7,b7 ,interim guidance ,not later than #fj days after the date of enactment of this paragraph1 the ,administrator shall issue interim guidance to implement this subsection4 ,such interim guidance shall expire #ah months after the date of enactment of this paragraph or upon issuance of final regulations pursuant to subparagraph 7,a71 whichever occurs first4 7,c7 ,guidance ,not later than #ij days after the date on which the ,administrator issues the final rulemaking under this paragraph1 the ,administrator shall issue any necessary guidance related to the rulemaking4 7,d7 ,report ,not later than #b years after the date of enactment of this paragraph1 the ,administrator shall submit to ,congress a report summarizing the regulations and guidance issued pursuant to this paragraph4 4 7e7 ,conforming amendment ,section #bje7;d77#b7 of the ,disaster ,mitigation ,act of #bjjj 7#db ,u4,s4,c4 #eagb note7 is amended by inserting 7,b7 after except that paragraph 7#a74 #cd4 ,reimbursement ,the ,agency shall retroactively reimburse ,state and units of local government 7for a period of #c years after the declaration of a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj77 upon determination that a locally implemented housing solution1 implemented by ,state or units of local government1 costs #ej percent of the comparable ,agency solution or whatever the locally implemented solution costs1 whichever is lower4 #ce4 ,flood insurance ,section #djf7;d77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;d77#a77 is amended by adding at the end the following3 ,this section shall not apply to more than #a building of a multi-structure educational1 law enforcement1 correctional1 fire1 or medical campus1 effective ,january #a1 #bjaf44 #cf4 ,certain recoupment prohibited 7a7 ,in general ,notwithstanding any other provision of law1 the ,agency shall deem any covered disaster assistance to have been properly procured1 provided1 and utilized1 and shall restore any funding of covered disaster assistance previously provided but subsequently withdrawn or deobligated4 7b7 ,covered disaster assistance defined ,in this section1 the term covered disaster assistance means assistance-- 7#a7 provided to a local government pursuant to section #djc1 #djf1 or #djg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b1 #eagb1 or #eagc72 and 7#b7 with respect to which1 the ,inspector ,general of the ,department of ,homeland ,security has determined1 after an audit1 that-- 7,a7 the ,agency deployed to the local government a ,technical ,assistance ,contractor to review field operations1 provide eligibility advice1 and assist with day-to-day decisions2 7,b7 the ,technical ,assistance ,contractor provided inaccurate information to the local government2 and 7,c7 the local government relied on the inaccurate information to determine that relevant contracts were eligible1 reasonable1 and reimbursable4 #cg4 ,federal assistance to individuals and households and nonprofit facilities 7a7 ,critical document fee waiver ,section #djh7;e7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;e77 is amended by adding at the end the following3 7#c7 ,critical document fee waiver 7,a7 ,in general ,notwithstanding section #a of the ,passport ,act of ,june #d1 #aibj 7#bb ,u4,s4,c4 #bad7 or any other provision of law1 the ,president1 in consultation with the ,governor of a ,state1 may provide a waiver under this section to an individual or household described in paragraph 7#a7 of the following document replacement fees3 7i7 ,the passport application fee for individuals who lost their ,united ,states passport4 7ii7 ,the file search fee for a ,united ,states passport4 7iii7 ,the ,application for ,waiver of ,passport and_/or ,visa form 7,form ,i-#aic7 fee4 7iv7 ,the ,permanent ,resident ,card replacement form 7,form ,i-#ij7 filing fee4 7v7 ,the ,declaration of ,intention form 7,form ,n-#cjj7 filing fee4 7vi7 ,the ,naturalization_/,citizenship ,document replacement form 7,form ,n-#efe7 filing fee4 7vii7 ,the ,employment ,authorization form 7,form ,i-#gfe7 filing fee4 7viii7 ,the biometric service fee4 7,b7 ,exemption from form requirement ,the authority of the ,president to waive fees under clauses 7iii7 through 7viii7 of subparagraph 7,a7 applies regardless of whether the individual or household qualifies for a ,form ,i-#iab ,request for ,fee ,waiver1 or any successor thereto4 7,c7 ,exemption from assistance maximum ,the assistance limit in subsection 7h7 shall not apply to any fee waived under this paragraph4 4 7b7 ,federal assistance to private nonprofit childcare facilities ,section #djf7;a77#c77;,b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;a77#c77;,b77 is amended by inserting 7including private nonprofit center-based childcare7 after education4 #ch4 ,cost of assistance estimates 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall review the factors considered when evaluating a request for a major disaster declaration under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 specifically the estimated cost of the assistance4 7b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall review and initiate a rulemaking to update how the ,agency estimates the cost of major disaster assistance1 including adjusting the per capita impact indicator for annual inflation for all years since #aihf1 and consider other impacts on the capacity of a jurisdiction to respond to disasters4 7c7 ,implementation ,the ,administrator-- 7#a7 shall ensure that any new methodology developed under this section shall be phased in over a period of not less than #e years2 and 7#b7 may subject adjustments to an increase of not more than #aj percent annually for jurisdictions1 if the ,administrator determines the increase is necessary to allow additional time to appropriately budget for future disasters4 7d7 ,report ,not later than #cfe days after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 submit a report to the committees of jurisdiction of ,congress on the initiative to modernize the per capita impact indicator2 and 7#b7 present recommendations for new measures to assess the capacities of ,states to respond to and recover from disasters4 #ci4 ,report on insurance shortfalls ,section #caa of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaed7 is amended by adding at the end the following3 7d7 ,report on insurance shortfalls ,not later than #b years after the date of enactment of this subsection1 and each year thereafter1 the ,administrator of the ,federal ,emergency ,management ,agency shall submit a report to ,congress on the number of instances and the estimated amounts involved1 by ,state1 for cases in which self-insurance amounts have been insufficient to address flood damages4 4