,,ib ,union ,calendar ,no4 #ffc #aahth ,,congress #b;d ,session ,h4 ,r4 #igej ,report ,no4 #aah-haa ,,in ,,the ,,house ,,of ,,representatives ,september #bc1 #bjbd,mr4 ,rouzer 7for himself and ,mr4 ,graves of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,december #e1 #bjbd;,additional sponsors3 ,mrs4 ,gonzlez-,coln and ,mr4 ,edwards ,december #e1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,september #bc1 #bjbd ,a ,,bill ,to authorize the ,president to provide disaster assistance to ,states and ,indian ,tribes under a major disaster recovery program1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,natural ,disaster ,recovery ,program ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,natural ,disaster ,recovery ,program4,sec4 #c4 ,unmet needs assistance4,sec4 #d4 ,further considerations for disaster declarations4,sec4 #e4 ,repair and rebuilding4,sec4 #f4 ,,fema ,emergency ,home ,repair ,program4,sec4 #g4 ,appeals of individuals and households program benefits4,sec4 #h4 ,report to ,congress on major disaster declarations4,sec4 #i4 ,review by ,comptroller ,general4,sec4 #aj4 ,,gao study on timing of closing out disaster recovery4 #b4 ,natural ,disaster ,recovery ,program 7a7 ,in general ,the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 is amended by adding at the end of title ,,iv the following3 #dca4 ,natural ,disaster ,recovery ,program 7a7 ,natural disaster recovery reserve fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states an account to be known as the ,natural ,disaster ,recovery ,reserve ,fund 7in this section referred to as the ,fund74 7#b7 ,amounts ,the ,fund shall consist of-- 7,a7 any amounts appropriated1 and deposited in the ,fund1 for a specific major disaster declared under section #dja2 and 7,b7 amounts deposited into the ,fund pursuant to paragraph 7#d74 7#c7 ,use of funds ,amounts in the ,fund shall be available1 pursuant to a declaration of a major disaster-- 7,a7 to ,states and ,indian tribal governments for unmet need related to a major disaster is declared under section #dja2 and 7,b7 with respect to grantees that have been allocated assistance for such unmet need1 for technical assistance and capacity building under subsection 7c77#b7 to facilitate planning and increase capacity to administer assistance under this section4 7#d7 ,unused amounts ,if any amounts made available for assistance under this section to grantees remain unexpended on the earlier of-- 7,a7 the date that the grantee of such amounts notifies the ,president that the grantee has completed all activities2 or 7,b7 except as provided in paragraph 7#e71 the expiration of the #f-year period beginning when the ,president obligates such amounts to the grantee1 the ,president shall transfer such unexpended amounts to the ,secretary of the ,treasury for deposit into the ,fund1 except that the ,president may permit the grantee to retain amounts needed to close out the grant4 7#e7 ,extension of period for use of funds ,the period under paragraph 7#d77;,b7 may be extended by not more than #d years if1 before the expiration of such #f-year period1 the ,president waives this requirement and submits a written justification for such waiver to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate that specifies the period of such extension4 7b7 ,assessment of unmet need 7#a7 ,in general ,to assess unmet need with respect to a major disaster under section1 not later than #ij days after the declaration of such a disaster1 the ,president shall coordinate with other ,federal agencies1 as determined appropriate and including the ,administrator of the ,small ,business ,administration1 to obtain data on all recovery needs and the amount of such recovery needs that are unmet1 including-- 7,a7 all data on damage caused by the disaster2 7,b7 information on how any ,federal assistance provided in connection with the disaster has been expended2 7,c7 information on the effect of the disaster on education1 transportation capabilities and dependence1 housing needs1 health care capacity1 and displacement of persons2 and 7,d7 the extent of the unmet need remaining in relation to such disaster4 7#b7 ,public availability ,the ,president shall make publicly available the data described in paragraph 7#a7 for any major disaster for which assistance is provided from the ,fund under this section4 7#c7 ,protection of personally identifiable information ,in carrying out this subsection1 the ,president and any recipient of funds under this section shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided under this section is not made publicly available by any agency with which information is shared pursuant to this subsection4 7c7 ,administrative costs 7#a7 ,in general ,a ,state or ,indian tribal government receiving a grant under this section may use not more than #ac percent of the amount of grant funds received1 or within such other percentage as may be established pursuant to subparagraph 7,b71 for administrative costs1 including costs related to audits1 reviews1 oversight1 evaluation1 and investigations4 7#b7 ,discretion to establish sliding scale ,the ,president may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs1 but only if-- 7,a7 such percentage limitations are based on the amount of grant funds received by a grantee2 and 7,b7 such series provides that the percentage that may be used is lower for grantees receiving a greater amount of grant funds and such percentage that may be used is higher for grantees receiving a lesser amount of grant funds4 7#c7 ,technical assistance2 capacity building ,from funds made available for use under this section1 the ,president may provide-- 7,a7 necessary technical assistance to grantees to ensure grantees are compliant with ,federal law2 and 7,b7 capacity building assistance1 including assistance regarding contracting and procurement processes1 including providing solicitation and contractual templates that conform to ,federal requirements for use by grantees4 7d7 ,allocation1 process1 and procedures2 coordination 7#a7 ,allocation 7,a7 ,in general ,the ,president shall allocate funds under this section proportionally to grantees based on their level of unmet need as determined under subsection 7b74 7,b7 ,grantee use of funds ,each grantee-- 7i7 shall be solely responsible for determining how funds provided under this section are prioritized and expended2 and 7ii7 shall not be required to provide an action or spending plan to the ,president before or after funds are allocated4 7,c7 ,limitation ,notwithstanding section #cab1 a loan shall not-- 7i7 be considered a duplication of benefits with funds provided by a ,federal agency2 or 7ii7 limit or otherwise impact the ability of a recipient to receive any other ,federal assistance4 7#b7 ,procedure for provision of funds ,an entity awarded a grant under this section shall be provided an initial amount that equals #ej percent of total grant amount allocated under paragraph 7#a74 ,to be eligible for the remaining #ej percent of the allocation1 a grantee shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,inspector ,general of the ,united ,states a report containing-- 7,a7 a detailed description of how such amount was spent2 and 7,b7 a certification from an auditor of the ,state or ,indian tribal government that none of the funds were wasted or used inappropriately4 7#c7 ,requirements ,each ,state and ,indian tribal government that receives funds under this section shall establish or adhere to existing guidelines for procurement processes and procedures and require that subgrantees-- 7,a7 provide for full and open competition and require cost or price analysis2 7,b7 specify methods of procurement and their applicability1 but not allow cost-plus-a-percentage-of cost or percentage-of-construction-cost methods of procurement2 7,c7 include standards of conduct governing employees engaged in the award or administration of contracts2 and 7,d7 ensure that all purchase orders and contracts include any clauses required by ,federal statute1 ,executive order1 or implementing regulation4 7e7 ,funding ,any funds provided under this section-- 7#a7 shall supplement and not supplant any other assistance provided by the ,president or any other ,federal agency in response to a major disaster2 and 7#b7 may not be considered a duplication of assistance4 7f7 ,environmental review ,any ,federal agency or recipient of funds received under this section that fund or use funds to supplement funds provided under section #djb1 #djc1 #djd1 #djf1 #djg1 #djh7;c77#d71 #dbh1 or #ejb may adopt1 without review or public comment1 any environmental review1 approval1 or permit performed by a ,federal agency4 7g7 ,best practices ,the ,president shall identify best practices for grantees on issues including developing action plans1 establishing financial controls1 building grantee technical and administrative capacity1 procurement1 and use of grant funds as local match for other sources of ,federal funding4 ,not later than #a year after the date of enactment of this section1 the ,president shall publish a compilation of such identified best practices and share with all relevant grantees to facilitate a more efficient and effective disaster recovery process4 7h7 ,definitions ,in this section3 7#a7 ,state auditor ,the term ,state auditor means the individual selected by the ,governor or head of an ,indian tribal government to submit a certification in accordance with subsection 7d77#b77;,a77ii74 7#b7 ,unmet need ,the term unmet need-- 7,a7 means any necessary expenses for activities related to disaster relief1 resiliency1 long-term recovery1 restoration of infrastructure and housing1 mitigation1 and economic revitalization related to a major disaster declared by the ,president under section #dja2 and 7,b7 may include-- 7i7 any unresourced item1 support1 or assistance that has been assessed and verified as necessary for a survivor to recover from a major disaster1 including food1 clothing1 shelter1 first aid1 emotional and spiritual care1 household items1 home repair1 or rebuilding2 and 7ii7 cleaning and removing debris from rivers1 creeks1 streams1 and ditches4 4 7b7 ,limitation ,no amounts made available by an appropriations ,act that provide funding for any activity not authorized by law for the program established under section #dca of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7as added by this ,act7 may be expended4 #c4 ,unmet needs assistance 7a7 ,in general ,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 #dcb4 ,unmet needs assistance 7a7 ,in general ,in any major disaster1 the ,governor or the ,chief ,executive of the ,indian tribal government may request a grant from the ,president to provide assistance to meet unmet needs resulting from a major disaster4 7b7 ,funding 7#a7 ,amount of funding ,the ,president may set aside from the ,disaster ,relief ,fund1 with respect to each major disaster1 an amount equal to #aj percent of the estimated aggregate amount of the grants to be made pursuant to sections #djf and #djh of the major disaster in order to provide technical and financial assistance under this section and such amounts shall be deemed to be related to activities carried out pursuant to major disasters under this ,act4 7#b7 ,estimated aggregate amount ,not later than #ahj days after each major disaster declared 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 #djf1 #djg1 #djh1 #daj1 #daf1 and #dbh under this ,act4 7c7 ,unmet needs ,a ,state or ,indian tribal government may use unmet needs grants to provide assistance1 in addition to other assistance made available under this ,act1 for the following unmet needs resulting from a major disaster3 7#a7 ,disaster-related home repair and rebuilding financial assistance to families for permanent housing purposes1 including in conjunction with eligible expenditures under section #djh4 7#b7 ,disaster-related unmet needs of families who are unable to obtain adequate assistance from other sources4 7#c7 ,other disaster-related services that alleviate human suffering and promote the well-being of disaster victims4 7#d7 ,economic and business activities 7including food and agriculture7 after a disaster to implement post-disaster economic recovery measures1 including planning and technical assistance for long-term economic recovery plans1 infrastructure improvements1 business or infrastructure financing1 market or industry research1 and other activities authorized under a comprehensive economic development strategy4 7d7 ,accounting and fiscal controls 7#a7 ,in general ,not later than #f months after receipt of funds and every #f months thereafter until all such funds are expended1 each ,state or ,indian tribal government receiving such funds shall submit to the ,administrator a report that includes-- 7,a7 the criteria established for determining how the funds are spent2 7,b7 the allocation of such funds2 and 7,c7 the process for public notice and comment4 7#b7 ,administrative costs ,a ,state or ,indian tribal government that receives funds under this section may expend not more than #e percent of the amount of such funds for the administrative costs of providing financial assistance to individuals and households in the ,state4 4 7b7 ,applicability ,this section and the amendments made by this section shall apply to funds appropriated on or after the date of enactment of this ,act4 #d4 ,further considerations for disaster declarations 7a7 ,in general ,in making recommendations to the ,president regarding the declaration of a major disaster or emergency pursuant to section #dja or #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj2 #eaia7 or the proposed non-,federal share of the cost of carrying out activities with assistance provided under such ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall give greater weight and consideration to severe local impact resulting from such disaster or emergency and1 in the #e-year period preceding such disaster or emergency1 whether multiple other disasters or emergencies have occurred in the affected area4 7b7 ,revisions to guidance1 policies1 and regulations ,the ,administrator shall take such actions as are necessary to revise any policies1 guidance1 or regulations of the ,agency to implement subsection 7a74 7c7 ,report ,not later than #a year after the date of enactment of this section1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the implementation of this section and shall include in such report a description of-- 7#a7 changes made to guidance1 policies1 or regulations pursuant to subsection 7b72 and 7#b7 the number of major disasters and emergencies that have been declared pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act based on the criteria described in subsection 7a74 #e4 ,repair and rebuilding 7a7 ,in general ,section #djh7;c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,repairs 7,a7 ,financial assistance for repairs ,the ,president may provide financial assistance for the repair of owner-occupied private residences1 utilities1 and residential infrastructure 7such as a private access route7 damaged by a major disaster1 or with respect to individuals with disabilities1 rendered inaccessible by a major disaster4 7,b7 ,direct assistance for repairs 7i7 ,in general ,the ,president may provide direct assistance to individuals and households who are unable to make use of financial assistance under subparagraph 7,a7 and when there is a lack of available resources1 for-- 7,i7 the repair of owner-occupied private residences1 utilities1 and residential infrastructure 7such as a private access route7 damaged by a major disaster1 or with respect to individuals with disabilities1 rendered inaccessible by a disaster2 and 7,,ii7 eligible hazard mitigation measures that reduce the likelihood and future damage to such residences1 utilities1 and infrastructure4 7ii7 ,eligibility ,a recipient of assistance under this subparagraph shall not be eligible for assistance under paragraph 7#a71 unless otherwise determined by the ,administrator4 7iii7 ,coordination with other assistance ,assistance allowed under this paragraph may be used in coordination with other sources for the repair and rebuilding of an owner-occupied residence4 7,c7 ,relationship to other assistance ,a recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means1 except insurance proceeds4 2 and 7#b7 in paragraph 7#d7 by striking in cases in which and all that follows through the end of the paragraph and inserting if the ,president considers it a cost effective alternative to other housing solutions1 including the costs associated with temporary housing provided under this section1 and long-term rebuilding costs associated with section #dca44 7b7 ,eligibility ,section #djh7;b77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;b77#a77 is amended-- 7#a7 by striking rendered uninhabitable and inserting damaged by a major disaster2 and 7#b7 by striking uninhabitable1 as a result of damage caused by a major disaster and inserting damaged by a major disaster4 7c7 ,applicability ,this section and the amendments made by this section shall apply to funds appropriated on or after the date of enactment of this ,act4 #f4 ,,fema ,emergency ,home ,repair ,program 7a7 ,in general ,section #djc7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b7a77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,i7 by striking and at the end2 7,b7 in subparagraph 7,j7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,k7 minor repairs up to habitability of owner-occupied homes damaged by the disaster in order for survivors to safely shelter in place1 subject to the availability of appropriations4 2 and 7#b7 by adding at the end the following3 7#e7 ,sheltering and housing options ,not later than #ae days after a declaration of a major disaster1 the ,federal coordinating officer shall identify all sheltering and housing options available under this section or section #djh to a ,state ,governor1 or the designated ,state coordinating officer4 7#f7 ,definitions ,in this subsection1 the term minor repairs up to habitability means the minimum standards for permanent housing described in section #egf4djc7;c7 of title #bd1 ,code of ,federal ,regulations 7or successor regulations74 4 7b7 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,administrator of the ,federal ,emergency ,management ,agency shall issue final regulations to implement the amendments made by this section4 #g4 ,appeals of individuals and households program benefits 7a7 ,period of assistance ,clauses 7iii7 and 7iv7 of section #djh7;c77#a77;,b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;c77#a77;,b77 are amended by striking #ah-month period and inserting #bd-month period4 7b7 ,appeals ,the ,administrator shall revise section #bjf4aae of title #dd1 ,code of ,federal ,regulations1 to require the ,federal ,emergency ,management ,agency to provide to any applicant who appeals a determination of eligibility of assistance-- 7#a7 any documentation used to make such determination1 including any inspection documents that exist2 7#b7 a description of-- 7,a7 the reasons for such determination2 and 7,b7 recommended steps that could be taken to remedy a determination of ineligibility1 including1 as applicable1 a list of additional documentation that the applicant may provide2 and 7#c7 any inspection documents that exist not later than #aj days after the completion of the inspection4 7c7 ,applicability ,this section and the amendment made by this section shall apply to funds appropriated on or after the date of enactment of this ,act4 #h4 ,report to ,congress on major disaster declarations ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing the following information with respect to each major disaster declared pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 during the #e-year period preceding such date of enactment3 7#a7 ,the process used by the ,federal ,emergency ,management ,agency to determine individual household need4 7#b7 ,an itemization of the most common reasons for denial of individual and household assistance pursuant to section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd74 7#c7 ,the rate of appeals of denial of such assistance4 7#d7 ,the amount of time the ,agency takes to issue a decision regarding eligibility for individual assistance1 disaggregated by each such major disaster4 7#e7 ,information on the use of ,disaster ,legal ,services and the number of applicants who were eligible for such services4 7#f7 ,the total number of ,disaster ,legal ,services volunteers as of such date of enactment4 7#g7 ,the number of such volunteers who were activated for each such major disaster4 7#h7 ,the amount of time taken after the declaration of each such major disaster to set up disaster recovery centers that provide access to individual assistance4 7#i7 ,the number of disaster recovery centers opened for each such major disaster4 7#aj7 ,the process used for selecting the location of such disaster recovery centers4 7#aa7 ,the average amount of time disaster recovery centers remained open4 7#ab7 ,the average amount of time individual survivors spend at such centers4 7#ac7 ,a description of outreach efforts in low-income1 rural1 and underserved communities regarding the availability of assistance provided by the ,federal ,emergency ,management ,agency under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 #i4 ,review by ,comptroller ,general ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the fiscal controls of ,states that receive assistance under section #dcb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 as added by section #c2 and 7#b7 make recommendations regarding the program established under such section to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #aj4 ,,gao study on timing of closing out disaster recovery ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on how long it takes the ,administrator of the ,federal ,emergency ,management ,agency to officially close out each major disaster declared under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 pursuant to section #gje of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebje74 ,december #e1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed