Union Calendar No. 850
115th CONGRESS 2d Session |
[Report No. 115–1098, Part I]
To improve the provision of disaster and mitigation assistance to eligible individuals and households and to eligible State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for other purposes.
November 28, 2017
Mr. Barletta (for himself and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
December 21, 2018
Additional sponsors: Mr. Graves of Louisiana and Miss González-Colón of Puerto Rico
December 21, 2018
Reported from the Committee on Transportation and Infrastructure with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
December 21, 2018
Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 28, 2017]
To improve the provision of disaster and mitigation assistance to eligible individuals and households and to eligible State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. National public infrastructure predisaster hazard mitigation.
Sec. 102. Additional mitigation activities.
Sec. 103. Wildfire prevention.
Sec. 104. Additional activities.
Sec. 201. Federal cost-share adjustments for repair, restoration, and replacement of damaged facilities.
Sec. 202. Eligibility for code implementation and enforcement.
Sec. 203. Program improvements.
Sec. 204. Prioritization of facilities.
Sec. 205. Guidance on evacuation routes.
Sec. 206. Proof of insurance.
Sec. 207. Duplication of benefits.
Sec. 208. State administration of assistance for direct temporary housing and permanent housing construction.
Sec. 209. Assistance to individuals and households.
Sec. 210. Multifamily lease and repair assistance.
Sec. 211. Federal disaster assistance nonprofit fairness.
Sec. 212. Management costs.
Sec. 213. Flexibility.
Sec. 214. Additional disaster assistance.
Sec. 215. National veterinary emergency teams.
Sec. 216. Dispute resolution pilot program.
Sec. 217. Emergency relief.
Sec. 301. Unified Federal environmental and historic preservation review.
Sec. 302. Closeout incentives.
Sec. 303. Performance of services.
Sec. 304. Study to streamline and consolidate information collection.
Sec. 305. Agency accountability.
Sec. 306. Audit of contracts.
Sec. 307. Inspector general audit of FEMA contracts for tarps and plastic sheeting.
Sec. 308. Relief organizations.
Sec. 309. Guidance on inundated and submerged roads.
Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended—
(2) in subsection (e)(1)(B)—
(C) by adding at the end the following:
“(iv) to establish and carry out enforcement activities to implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters.”;
(3) in subsection (f)—
(A) in paragraph (1) by inserting “for mitigation activities that are cost effective” after “competitive basis”; and
(B) by adding at the end the following:
“(3) REDISTRIBUTION OF UNOBLIGATED AMOUNTS.—The President shall—
(4) in subsection (g)—
(C) by adding after paragraph (9) the following:
“(10) the extent to which the State or local government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;
(5) by striking subsection (i) and inserting the following:
“(i) National public infrastructure predisaster mitigation fund.—
“(1) ESTABLISHMENT.—The President shall establish in the Treasury of the United States a separate account called the National Public Infrastructure Predisaster Mitigation Fund (in this section referred to as the ‘Predisaster Mitigation Fund’), which shall be used exclusively to carry out this section, with amounts in such account to be available until expended unless otherwise provided.
“(2) TRANSFERS TO PREDISASTER MITIGATION FUND.—
“(A) IN GENERAL.—There shall be deposited in the Predisaster Mitigation Fund with respect to each disaster declared on or after August 1, 2017, an additional amount equal to 6 percent of the estimated aggregate amount of grants to be made pursuant to sections 403, 406, 407, 408, 410, and 416.
“(B) ESTIMATED AGGREGATE AMOUNT.—Not later than 180 days after each major disaster declaration, the estimated aggregate amount of grants on which the amount calculated in subparagraph (A) is based shall be determined and need not be reduced, increased, or changed due to variations in estimates.”; and
(a) Hazard mitigation clarification.—Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking the first sentence and inserting the following: “The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.”.
(b) Eligible cost.—Section 406(e)(1)(A) of such Act (42 U.S.C. 5172(e)(1)(A)) is amended—
(1) in the matter preceding clause (i), by inserting after “section,” the following: “for disasters declared on or after August 1, 2017, or a disaster in which a cost estimate has not yet been finalized for a project,”;
(3) in clause (ii)—
(A) by striking “codes, specifications, and standards” and inserting “the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purposes of protecting the health, safety, and general welfare of a facility’s users against disasters”;
(c) New rules.—Section 406(e) of such Act (42 U.S.C. 5172(e)) is further amended by adding at the end the following:
“(5) NEW RULES.—
“(A) IN GENERAL.—Not later than 18 months after the date of enactment of this paragraph, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue a final rulemaking that defines the terms ‘resilient’ and ‘resiliency’ for purposes of this subsection.
(d) Conforming amendment.—Section 205(d)(2) of the Disaster Mitigation Act of 2000 (Public Law 106–390) is amended by inserting “(B)” after “except that paragraph (1)”.
(a) Mitigation assistance.—Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended—
(b) Conforming amendments.—The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended—
(1) in section 404(a) (42 U.S.C. 5170c(a)) (as amended by section 102(a) of this Act)—
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by inserting “or event under section 420” after “major disaster” each place it appears.
(c) Reporting requirement.—Not later than 1 year after the date of enactment of this Act and annually thereafter, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Appropriations Committees of the Senate and the House of Representatives a report containing a summary of any projects carried out, and any funding provided to those projects, under subsection (d) of section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) (as amended by this section).
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following:
“(f) Use of assistance.—Recipients of hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, including—
Section 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting after paragraph (2) the following:
“(3) INCREASED FEDERAL SHARE.—
“(A) INCENTIVE MEASURES.—The President may provide incentives to a State or Tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing such investments through a sliding scale that increases the minimum Federal share to 85 percent. Such measures may include—
“(iii) encouraging the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;
“(B) COMPREHENSIVE GUIDANCE.—Not later than 1 year after the date of enactment of this paragraph, the President, acting through the Administrator, shall issue comprehensive guidance to State and Tribal governments regarding the measures and investments that will be recognized for the purpose of increasing the Federal share under this section.
“(C) REPORT.—One year after the issuance of the guidance required by subparagraph (B), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section.
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended—
(a) Hazard Mitigation.—Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended—
(b) Participation.—Section 428(d) of such Act (42 U.S.C. 5189f) is amended—
(c) Certification.—Section 428(e)(1) of such Act (42 U.S.C. 5189f(e)(1)) is amended—
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall provide guidance and training on an annual basis to State, Tribal, and local governments, first responders, and utility companies on—
(a) In general.—
(1) IDENTIFICATION.—The Administrator of the Federal Emergency Management Agency, in coordination with the Administrator of the Federal Highway Administration, shall develop and issue guidance for State, local, and Tribal governments regarding the identification of evacuation routes.
(2) GUIDANCE.—The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, shall revise existing guidance or issue new guidance as appropriate for State, local, and Tribal governments regarding the design, construction, maintenance, and repair of evacuation routes.
(b) Considerations.—
(1) IDENTIFICATION.—In developing the guidance under subsection (a)(1), the Administrator of the Federal Emergency Management Agency shall consider—
(A) whether evacuation routes have resisted impacts and recovered quickly from disasters, regardless of cause;
(2) DESIGN, CONSTRUCTION, MAINTENANCE, AND REPAIR.—In revising or issuing guidance under (a)(2), the Administrator of the Federal Highway Administration shall consider—
(A) methods that assist evacuation routes to—
A State shall be deemed to have proven that an applicant has satisfied the purchase of insurance requirements under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) when an encumbrance requiring the purchase and maintenance of insurance has been placed on the title of the property receiving the benefit of the grant or assistance. This section in no way removes or reduces the insurance requirements on an applicant under the Act and in no way limits the requirement that assistance provided under such Act be reduced or eliminated when the requirements are not met.
(a) In general.—Section 312(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by adding at the end the following:
“(4) WAIVER OF GENERAL PROHIBITION.—
“(A) IN GENERAL.—The President may waive the general prohibition provided in subsection (a) upon request of a Governor on behalf of the State or on behalf of a person, business concern, or any other entity suffering losses as a result of a major disaster or emergency, if the President finds such waiver is in the public interest and will not result in waste, fraud, or abuse. In making this decision, the President may consider the following:
“(B) GRANT OR DENIAL OF WAIVER.—A request under subparagraph (A) shall be granted or denied not later than 45 days after submission of such request.
“(C) PROHIBITION ON DETERMINATION THAT LOAN IS A DUPLICATION.—Notwithstanding subsection (c), in carrying out subparagraph (A), the President may not determine that a loan is a duplication of assistance, provided that all Federal assistance is used toward a loss suffered as a result of the major disaster or emergency.”.
(b) Funding of a federally authorized water resources development project.—
(1) ELIGIBLE ACTIVITIES.—Notwithstanding section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and its implementing regulations, assistance provided pursuant to section 404 of such Act may be used to fund activities authorized for construction within the scope of a federally authorized water resources development project of the Army Corps of Engineers if such activities are also eligible activities under such section.
(2) FEDERAL FUNDING.—All Federal funding provided under section 404 pursuant to this subsection shall be applied toward the Federal share of such project.
(3) NON-FEDERAL MATCH.—All non-Federal matching funds required under section 404 pursuant to this subsection shall be applied toward the non-Federal share of such project.
(4) TOTAL FEDERAL SHARE.—Funding provided under section 404 pursuant to this subsection may not exceed the total Federal share for such project.
Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended—
(1) in paragraph (1), by striking the paragraph heading and inserting “State-administered assistance and other needs assistance.—”;
(4) by adding at the end the following:
“(3) IN GENERAL.—
“(A) APPLICATION.—A State desiring to provide assistance under subsections (c)(1)(B) and (c)(4) shall submit to the President an application for the delegation of the authority to administer the program.
“(B) CRITERIA.—The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum—
“(ii) there being in effect a plan approved by the President as to how the State will comply with applicable Federal laws and regulations and how the State will provide assistance under its plan;
“(C) QUALITY ASSURANCE.—Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B) and (c)(4). The President shall monitor and conduct quality assurance activities on a State’s implementation of programs under subsections (c)(1)(B) and (c)(4). If, after approving an application of a State submitted under this section, the President determines that the State is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval.
“(D) AUDITS.—The Office of the inspector general shall provide for periodic audits of the programs administered by States under this subsection.
“(E) APPLICABLE LAWS.—All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section.
“(F) REPORT.—Not later than 1 year after the date of enactment of this paragraph, the inspector general of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the State role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State’s role to provide assistance under this section, including—
“(G) PROHIBITION.—The President may not condition the provision of Federal assistance under this Act by a State, Tribal, or local government requesting a grant under this section.
“(H) MISCELLANEOUS.—
“(i) NOTICE AND COMMENT.—The Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated.
Section 408(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(h)) is amended—
(1) in paragraph (1), by inserting “, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e)” after “disaster”;
(4) in paragraph (3) (as so redesignated), by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”; and
(5) by inserting after paragraph (3) (as so redesignated) the following:
“(4) EXCLUSION OF NECESSARY EXPENSES FOR INDIVIDUALS WITH DISABILITIES.—
(a) Lease and repair of rental units for temporary housing.—Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to read as follows:
(b) Rental properties impacted.—Section 408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
(c) Inspector general report.—Not later than 2 years after the date of the enactment of this Act, the inspector general of the Department of Homeland Security shall assess the use of the authority provided under section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), including the adequacy of any benefit-cost analysis done to justify the use of this alternative, and submit a report on the results of that review to the appropriate committees of Congress.
(a) Definition of private nonprofit facility.—Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended to read as follows:
“(B) ADDITIONAL FACILITIES.—In addition to the facilities described in subparagraph (A), the term ‘private nonprofit facility’ includes any private nonprofit facility that provides essential services of a governmental nature to the general public (including museums, zoos, performing arts facilities, community arts centers, community centers, houses of worship exempt from taxation under section 501(c) of the Internal Revenue Code of 1986, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, food banks, and facilities that provide health and safety services of a governmental nature), as defined by the President.”.
(b) Repair, restoration, and replacement of damaged facilities.—Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at the end the following:
“(C) HOUSES OF WORSHIP.—A church, synagogue, mosque, temple, or other house of worship, and a private nonprofit facility operated by a religious organization, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility.”.
Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—
(1) in subsection (a) by striking “any administrative expense, and any other expense not directly chargeable to” and inserting “direct administrative cost, and any other administrative expense associated with”; and
(2) in subsection (b)—
(C) by adding at the end the following:
“(2) SPECIFIC MANAGEMENT COSTS.—The Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
(a) Definition.—In this section, the term “covered assistance” means assistance provided—
(1) under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(2) in relation to a major disaster or emergency declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191) on or after October 28, 2012.
(b) Waiver authority.—Notwithstanding section 3716(e) of title 31, United States Code, the Administrator of the Federal Emergency Management Agency—
(c) Monitoring of covered assistance distributed based on error.—
(1) IN GENERAL.—The inspector general of the Department of Homeland Security shall monitor the distribution of covered assistance to individuals and households to determine the percentage of such assistance distributed based on an error.
(2) REMOVAL OF WAIVER AUTHORITY BASED ON EXCESSIVE ERROR RATE.—If the inspector general determines, with respect to any 12-month period, that the amount of covered assistance distributed based on an error by the Federal Emergency Management Agency exceeds 4 percent of the total amount of covered assistance distributed—
(A) the inspector general shall notify the Administrator and publish the determination in the Federal Register; and
(B) with respect to any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date of the determination, the authority of the Administrator to waive debt under subsection (b) shall no longer be effective.
(a) Disaster mitigation.—Section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding at the end the following:
(b) Emergency management assistance compact grants.—Section 661(d) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 761(d)) is amended by striking “for fiscal year 2008” and inserting “for each of fiscal years 2018 through 2022”.
(c) Emergency management performance grants program.—Section 662(f) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762(f)) is amended by striking “the program” and all that follows through “2012” and inserting “the program, for each of fiscal years 2018 through 2022”.
(d) Technical amendment.—Section 403(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended by striking the second subparagraph (J).
(a) In general.—The Administrator of the Federal Emergency Management Agency may establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities.—A national veterinary emergency team shall—
(2) recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of plans and standard operating guidelines to carry out the duties associated with planning for and responding to emergencies as described in paragraph (1);
Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42 U.S.C. 5189a note) is amended by striking “2015” and inserting “2022”.
Notwithstanding section 125(d)(4) of title 23, United States Code, no limitation on the total obligations for projects under section 125 of such title shall apply to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands with respect to fiscal years 2018 and 2019.
(a) Review and analysis.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall review the Unified Federal Environmental and Historic Preservation review process established pursuant to section 429 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that includes the following:
(1) An analysis of whether and how the unified process has expedited the interagency review process to ensure compliance with the environmental and historic requirements under Federal law relating to disaster recovery projects.
(b) Regulations.—After completing the review, survey, and analyses under subsection (a), but not later than 2 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Administrator shall issue regulations to implement any regulatory recommendations, including any categorical exclusions identified under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section II of DHS Instruction Manual 023–01–001—01.
(a) Facilitating closeout.—Section 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended by adding at the end the following:
Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following:
“(c) The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 1 year, to positions in the Agency in the same manner that competitive service employees are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.”.
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall—
(1) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, conduct a study and develop a plan, consistent with law, under which the collection of information from disaster assistance applicants and grantees will be modified, streamlined, expedited, efficient, flexible, consolidated, and simplified to be less burdensome, duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, develop a plan for the regular collection and reporting of information on provided Federal disaster assistance, including the establishment and maintenance of a website for presenting the information to the public; and
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by adding at the end the following:
“SEC. 430. Agency accountability.
“(a) Public Assistance.—Not later than 5 days after an award of a public assistance grant is made under section 406 that is in excess of $1,000,000, the Administrator shall publish on the Agency’s website the specifics of each such grant award, including—
“(b) Mission Assignments.—
“(1) IN GENERAL.—Not later than 5 days after the issuance of a mission assignment or mission assignment task order, the Administrator shall publish on the Agency’s website any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, including—
“(c) Disaster Relief Monthly Report.—Not later than 10 days after the first day of each month, the Administrator shall publish on the Agency’s website reports, including a specific description of the methodology and the source data used in developing such reports, including—
“(1) an estimate of the amounts for the fiscal year covered by the President’s most recent budget pursuant to section 1105(a) of title 31, United States Code, including—
“(A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year;
“(B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1;
“(D) the amount of obligations for the budget year for catastrophic events delineated by event and by State;
“(E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current fiscal year, the budget year, and each fiscal year thereafter;
“(G) the amount that will be required for obligations for emergencies, as described in section 102(1), major disasters, as described in section 102(2), fire management assistance grants, as described in section 420, surge activities, and disaster readiness and support activities; and
“(H) the amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and
“(2) an estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, published by the Administrator on the Agency’s website not later than the fifth day of each month:
“(A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made.
“(B) A table of disaster relief activity delineated by month, including—
“(C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event.
“(d) Contracts.—
“(1) INFORMATION.—Not later than 10 days after the first day of each month, the Administrator shall publish on the Agency’s website the specifics of each contract in excess of $1,000,000 that the Agency enters into, including—
“(E) if no competitive bidding process was used, the reason why competitive bidding was not used; and
The information shall be delineated by disaster, if applicable, and specify the damage category code, if applicable.
Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency shall not reimburse a State, Tribe, or local government or the owner or operator of a private nonprofit facility for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing all aspects relating to the contract.
(a) In general.—Not later than 30 days after the date of enactment of this Act, the inspector general of the Department of Homeland Security shall initiate an audit of the contracts awarded by the Federal Emergency Management Agency (in this section referred to as “FEMA”) for tarps and plastic sheeting for the Commonwealth of Puerto Rico and the Virgin Islands of the United States in response to Hurricane Irma and Hurricane Maria.
(b) Considerations.—In carrying out the audit under subsection (a), the inspector general shall review—
(1) the contracting process used by FEMA to evaluate offerors and award the relevant contracts to contractors;
(2) FEMA’s assessment of the past performance of the contractors, including any historical information showing that the contractors had supported large-scale delivery quantities in the past;
(c) Report.—Not later than 180 days after the date of initiation of the audit under subsection (a), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the audit, including findings and recommendations.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152) is amended—
The Administrator of the Federal Emergency Management Agency, in coordination with the Administrator of the Federal Highway Administration, shall develop and issue guidance for State, local, and Tribal governments regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster, and for associated expenses incurred by the Government, with respect to roads eligible for assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
Union Calendar No. 850 | |||||
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[Report No. 115–1098, Part I] | |||||
A BILL | |||||
To improve the provision of disaster and mitigation assistance to eligible individuals and
households and to eligible State, local, Tribal, and territorial
governments and certain private nonprofit organizations, and for other
purposes. | |||||
December 21, 2018 | |||||
Reported from the Committee on Transportation and Infrastructure with an amendment | |||||
December 21, 2018 | |||||
Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
be printed |