Union Calendar No. 401
117th CONGRESS 2d Session |
[Report No. 117–560, Part I]
To improve individual assistance provided by the Federal Emergency Management Agency, and for other purposes.
July 19, 2022
Ms. Titus (for herself, Mr. Graves of Louisiana, Miss González-Colón, and Mr. Carter of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, and Small Business, 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
November 15, 2022
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]
November 15, 2022
Committees on Financial Services and Small Business 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 July 19, 2022]
To improve individual assistance provided by the Federal Emergency Management Agency, 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. 2. Information sharing for Federal agencies.
Sec. 3. Universal application for individual assistance.
Sec. 4. Repair and rebuilding.
Sec. 5. Direct assistance.
Sec. 6. State-managed housing pilot authority.
Sec. 7. Management costs.
Sec. 8. Post-disaster housing study.
Sec. 9. Funding for online guides for post-disaster assistance.
Sec. 10. Individual assistance dashboard.
Sec. 11. FEMA reports.
Sec. 12. Sheltering of emergency response personnel.
Sec. 13. Duplication of benefits.
Sec. 14. GAO report on preliminary damage assessments.
Sec. 15. Applicability.
(c) Definitions.—Except as otherwise provided, the terms used in this Act have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(a) Establishment of electronic information sharing system.—
(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency shall establish and maintain a web-based interagency electronic information sharing system, to be known as “DisasterAssistance.gov”, to—
(A) facilitate the administration of the universal application for Federal disaster assistance established under section 3;
(2) AUTHORITIES OF ADMINISTRATOR.—In establishing and maintaining the electronic information sharing system under this subsection, the Administrator may collect and maintain disaster assistance information received from a disaster assistance agency or an applicant for a disaster assistance program and share such information with any other disaster assistance agency using such electronic information sharing system.
(b) Data security.—The Administrator may facilitate the collection of disaster assistance information into the electronic information sharing system established under this section only after the following requirements have been met:
(1) The Administrator certifies that the electronic information sharing system substantially complies with the data security standards and best practices of the National Institute of Standards and Technology.
(2) The Secretary of Homeland Security publishes a privacy impact assessment for the electronic information sharing system, in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).
(c) Collection and sharing of additional records and information.—
(1) IN GENERAL.—The Administrator may authorize the collection, maintenance, sharing, and use of additional disaster assistance information by publishing a notice on DisasterAssistance.gov that includes a detailed description of—
(A) the specific amendments to the collection, maintenance, and sharing of disaster assistance information authorized;
(2) NOTICE AND PUBLICATION REQUIREMENTS.—The publication of a notice under paragraph (1) of a revision to the DisasterAssistance.gov system of records prior to any new collection, or uses, of Privacy Act categories of records, to carry out the purposes of a disaster assistance program with regard to a disaster declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191), shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the 90-day period beginning on the date on which the publication under paragraph (1) is made.
(3) WAIVER OF INFORMATION COLLECTION REQUIREMENTS.—
(A) IN GENERAL.—Upon the declaration of a major disaster or emergency pursuant to sections 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191), the President may direct the Administrator to waive the requirements of subchapter I of chapter 35 of title 44, United States Code, with respect to voluntary collection of information for the duration of such major disaster or emergency.
(B) TRANSPARENCY.—Upon exercising the waiver authority under subparagraph (A), the Administrator shall—
(4) GAO REVIEW OF WAIVER OF INFORMATION COLLECTION REQUIREMENTS.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report describing the benefits and potential risks associated with authorizing the waiver of the information collection requirements described in paragraph (3).
(B) CONTENTS.—The report required under subparagraph (A) shall include an assessment of the extent to which a waiver described in paragraph (3) would—
(i) affect the paperwork burden for individuals, small businesses, State, local and tribal governments, and other persons;
(d) Use by other Federal agencies.—
(1) IN GENERAL.—The Administrator may permit a Federal agency other than the disaster assistance agencies listed in subparagraphs (A) through (C) of subsection (f)(2) to use the electronic information sharing system established under this section for the purpose of facilitating disaster-related assistance if such agency enters into an agreement containing the terms described in paragraph (2).
(2) AGENCY AGREEMENT.—An agreement between the Administrator and another Federal agency to use the electronic information sharing system established under this subsection shall contain the following terms:
(A) The Federal agency shall—
(B) In the event of any unauthorized disclosure of disaster assistance information, the Federal agency shall—
(ii) cooperate fully with the Administrator in the investigation and remediation of any such disclosure;
(iv) assume the responsibility for any compensation, civil liability, or other remediation measures, whether awarded by a judgment of a court or agreed as a compromise of any potential claims by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure that is—
(e) Rule of construction.—The sharing of disaster assistance information that is subject to the requirements of section 552a of title 5, United States Code, by disaster assistance agencies shall not—
(f) Definitions.—In this section:
(3) DISASTER ASSISTANCE INFORMATION.—The term “disaster assistance information” includes any personal, biographical, geographical, and financial information that a disaster assistance agency is authorized to collect, maintain, share, or use to process an application for disaster assistance or otherwise carry out a disaster assistance program.
(4) DISASTER ASSISTANCE PROGRAM.—The term “disaster assistance program” means—
(A) any program that provides assistance to individuals and households under title IV or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); and
(B) any other assistance program carried out by a disaster assistance agency that provides assistance to an individual, household, or organization related to a major disaster or emergency declared under sections 401 or 501 of such Act, including—
(i) disaster assistance, long-term disaster recovery, post-disaster restoration of infrastructure and housing, post-disaster economic revitalization, and pre-disaster mitigation under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
(ii) any loan that is authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and
(iii) the distribution of food benefit allotments as authorized under section 412 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) and section 5(h) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)).
(a) Universal application.—The Administrator of the Federal Emergency Management Agency shall develop and establish a universal application for Federal disaster assistance for individuals in areas impacted by emergencies or disasters.
(b) Consultation and support.—
(c) Survey.—The application established under subsection (a) shall include a voluntary survey to collect the demographic data of an applicant.
(d) GAO assessment on identity theft and disaster fraud in disaster assistance programs.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
(1) conduct an assessment of improper and potentially fraudulent Federal disaster assistance for individuals made to victims of major disasters declared in 2020 and 2021, including through identity theft; and
(2) 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 that describes—
(A) the prevalence of improper and potentially fraudulent Federal disaster assistance for individuals made to registrants who used invalid information to apply for disaster assistance, including through identity theft;
(B) the number of disaster victims whose claims for Federal disaster assistance for individuals were denied due to another individual filing a fraudulent application using their personal identifying information;
(a) In general.—Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is amended—
(b) Hazard mitigation.—Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1) in subsection (c) by adding at the end the following:
“(5) HAZARD MITIGATION.—
“(A) IN GENERAL.—The President may provide financial assistance to individuals and households, whose primary residence, utilities, or residential infrastructure are damaged by a major disaster, for cost-effective hazard mitigation measures that reduce threats to life and property, or future damage to such residence, utilities, or infrastructure in future disasters.
(a) In general.—Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is further amended by striking paragraph (2) and inserting the following:
“(2) REPAIRS.—
“(A) FINANCIAL ASSISTANCE FOR REPAIRS.—The President may provide financial assistance for the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible by a major disaster.
“(B) DIRECT ASSISTANCE FOR REPAIRS.—
“(i) IN GENERAL.—The President may provide direct assistance to individuals and households who are unable to make use of financial assistance under subparagraph (A) and when there is a lack of available resources, for—
(b) State- or indian tribal government-administered assistance and other needs assistance.—Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended—
Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1) in subsection (f)(3)—
(B) by redesignating subparagraphs (G), (H), (I), and (J) as subparagraphs (F), (G), (H), and (I), respectively; and
Section 324(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(b)(2)(C)) is amended by adding at the end the following:
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall—
(b) Report to Congress.—Upon completion of the activities carried out under subsection (a), 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 containing the study and recommendations required under subsection (a).
(a) Use of services of other agencies.—Section 201(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(a)) is amended—
(b) Funding for online guides for assistance.—Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131) is amended by adding at the end the following:
“(e) Funding for online guides for assistance.—
“(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency may enter into a cooperative agreement to provide funding to a State agency established under subsection (c) to establish and operate a website to provide information relating to post-disaster recovery funding and resources to a community or an individual impacted by a major disaster or emergency.
“(3) CONTENT.—The Administrator may enter into a cooperative agreement to establish a website under this subsection only to provide 1 or more of the following:
“(A) A list of Federal, State, and local sources of post-disaster recovery funding or assistance that may be available to a community after a major disaster or emergency.
“(4) COOPERATION.—A State agency that enters into a cooperative agreement under this subsection shall cooperate with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Administrator of the Small Business Administration, and the Administrator of the Federal Emergency Management Agency in developing a website under this subsection.
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
“SEC. 431. Individual assistance dashboard.
“(a) In general.—Not later than 30 days after a declaration by the President that a major disaster exists under section 401, the Administrator of the Federal Emergency Management Agency shall publish on a website of the Agency an interactive web tool displaying the following information with respect to such disaster:
“(1) The number of applications for assistance under section 408, including a description of the number of applications for assistance related to housing under such section and the number of applications for assistance to address other needs under section 408(e).
“(4) A ranked list of the reasons for the denial of such applications, including the number of applications for each reason for denial.
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate a report with respect to fiscal year 2016 through the most recent fiscal year ending before the date of enactment of this Act, and an annual report for any fiscal year beginning on or after the date of enactment of this Act, describing—
(1) the average amount of individual assistance and individual and household assistance provided under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to, and the rate of denial of individual assistance and individual and household assistance provided under such section for—
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the following:
“(e) Sheltering of emergency response personnel.—
“(1) IN GENERAL.—For any major disaster for which the President has authorized emergency protective measures for an area within the jurisdiction of a State, tribal, or local government, the Administrator may reimburse the State, tribal, or local government for costs relating to sheltering emergency response personnel, including individuals that are a part of the same predisaster household as such personnel, in exclusive-use congregate or non-congregate settings if the Governor of the State or chief executive of the tribal or local government determines that the damage or disruption to such area is of such a magnitude as to disrupt the provision of emergency protective measures within such area.
“(2) LIMITATION OF ASSISTANCE.—
“(A) IN GENERAL.—The Administrator may only reimburse a State, tribal, or local government for the costs of sheltering emergency response personnel under paragraph (1) for such a period of time as the Administrator determines reasonable based in the individual characteristics of and impacts to the affected area, including the extent of damage, the availability of alternative housing options, the availability of utilities, and disruptions to transportation infrastructure.
Section 312(b)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at the end the following:
(a) In general.—The Comptroller General of the United States shall conduct a study on the practices, including the accuracy of such practices, that the Federal Emergency Management Agency uses when conducting preliminary damage assessments for the purposes of providing assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42. U.S.C. 5174).
(b) Contents.—The Comptroller General shall include in the study conducted under subsection (a) the following:
The amendments made by sections 4, 5, 7, 9, and 12 shall only apply to amounts appropriated on or after the date of enactment of this Act.
Union Calendar No. 401 | |||||
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[Report No. 117–560, Part I] | |||||
A BILL | |||||
To improve individual assistance provided by the Federal Emergency Management Agency, and for other purposes. | |||||
November 15, 2022 | |||||
Reported from the Committee on Transportation and Infrastructure with an amendment | |||||
November 15, 2022 | |||||
Committees on Financial Services and Small Business discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |