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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9750 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 663
118th CONGRESS
  2d Session
                                H. R. 9750

                          [Report No. 118-811]

To authorize the President to provide disaster assistance to States and 
 Indian Tribes under a major disaster recovery program, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2024

  Mr. Rouzer (for himself and Mr. Graves of Louisiana) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

                            December 5, 2024

        Additional sponsors: Mrs. Gonzalez-Colon and Mr. Edwards

                            December 5, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 23, 2024]

_______________________________________________________________________

                                 A BILL

 
To authorize the President to provide disaster assistance to States and 
 Indian Tribes under a major disaster recovery program, and for other 
                               purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Natural Disaster 
Recovery Program Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Natural Disaster Recovery Program.
Sec. 3. Unmet needs assistance.
Sec. 4. Further considerations for disaster declarations.
Sec. 5. Repair and rebuilding.
Sec. 6. FEMA Emergency Home Repair Program.
Sec. 7. Appeals of individuals and households program benefits.
Sec. 8. Report to Congress on major disaster declarations.
Sec. 9. Review by Comptroller General.
Sec. 10. GAO study on timing of closing out disaster recovery.

SEC. 2. NATURAL DISASTER RECOVERY PROGRAM.

    (a) In General.--The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding 
at the end of title IV the following:

``SEC. 431. NATURAL DISASTER RECOVERY PROGRAM.

    ``(a) Natural Disaster Recovery Reserve Fund.--
            ``(1) In general.--There is established in the Treasury of 
        the United States an account to be known as the Natural 
        Disaster Recovery Reserve Fund (in this section referred to as 
        the `Fund').
            ``(2) Amounts.--The Fund shall consist of--
                    ``(A) any amounts appropriated, and deposited in 
                the Fund, for a specific major disaster declared under 
                section 401; and
                    ``(B) amounts deposited into the Fund pursuant to 
                paragraph (4).
            ``(3) Use of funds.--Amounts in the Fund shall be 
        available, pursuant to a declaration of a major disaster--
                    ``(A) to States and Indian tribal governments for 
                unmet need related to a major disaster is declared 
                under section 401; and
                    ``(B) with respect to grantees that have been 
                allocated assistance for such unmet need, for technical 
                assistance and capacity building under subsection 
                (c)(2) to facilitate planning and increase capacity to 
                administer assistance under this section.
            ``(4) Unused amounts.--If any amounts made available for 
        assistance under this section to grantees remain unexpended on 
        the earlier of--
                    ``(A) the date that the grantee of such amounts 
                notifies the President that the grantee has completed 
                all activities; or
                    ``(B) except as provided in paragraph (5), the 
                expiration of the 6-year period beginning when the 
                President obligates such amounts to the grantee, the 
                President shall transfer such unexpended amounts to the 
                Secretary of the Treasury for deposit into the Fund, 
                except that the President may permit the grantee to 
                retain amounts needed to close out the grant.
            ``(5) Extension of period for use of funds.--The period 
        under paragraph (4)(B) may be extended by not more than 4 years 
        if, before the expiration of such 6-year period, 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 extension.
    ``(b) Assessment of Unmet Need.--
            ``(1) In general.--To assess unmet need with respect to a 
        major disaster under section, not later than 90 days after the 
        declaration of such a disaster, the President shall coordinate 
        with other Federal agencies, as determined appropriate and 
        including the Administrator of the Small Business 
        Administration, to obtain data on all recovery needs and the 
        amount of such recovery needs that are unmet, including--
                    ``(A) all data on damage caused by the disaster;
                    ``(B) information on how any Federal assistance 
                provided in connection with the disaster has been 
                expended;
                    ``(C) information on the effect of the disaster on 
                education, transportation capabilities and dependence, 
                housing needs, health care capacity, and displacement 
                of persons; and
                    ``(D) the extent of the unmet need remaining in 
                relation to such disaster.
            ``(2) Public availability.--The President shall make 
        publicly available the data described in paragraph (1) for any 
        major disaster for which assistance is provided from the Fund 
        under this section.
            ``(3) Protection of personally identifiable information.--
        In carrying out this subsection, 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 subsection.
    ``(c) Administrative Costs.--
            ``(1) In general.--A State or Indian tribal government 
        receiving a grant under this section may use not more than 13 
        percent of the amount of grant funds received, or within such 
        other percentage as may be established pursuant to subparagraph 
        (B), for administrative costs, including costs related to 
        audits, reviews, oversight, evaluation, and investigations.
            ``(2) 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 costs, but only if--
                    ``(A) such percentage limitations are based on the 
                amount of grant funds received by a grantee; and
                    ``(B) 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 funds.
            ``(3) Technical assistance; capacity building.--From funds 
        made available for use under this section, the President may 
        provide--
                    ``(A) necessary technical assistance to grantees to 
                ensure grantees are compliant with Federal law; and
                    ``(B) capacity building assistance, including 
                assistance regarding contracting and procurement 
                processes, including providing solicitation and 
                contractual templates that conform to Federal 
                requirements for use by grantees.
    ``(d) Allocation, Process, and Procedures; Coordination.--
            ``(1) Allocation.--
                    ``(A) In general.--The President shall allocate 
                funds under this section proportionally to grantees 
                based on their level of unmet need as determined under 
                subsection (b).
                    ``(B) Grantee use of funds.--Each grantee--
                            ``(i) shall be solely responsible for 
                        determining how funds provided under this 
                        section are prioritized and expended; and
                            ``(ii) shall not be required to provide an 
                        action or spending plan to the President before 
                        or after funds are allocated.
                    ``(C) Limitation.--Notwithstanding section 312, a 
                loan shall not--
                            ``(i) be considered a duplication of 
                        benefits with funds provided by a Federal 
                        agency; or
                            ``(ii) limit or otherwise impact the 
                        ability of a recipient to receive any other 
                        Federal assistance.
            ``(2) Procedure for provision of funds.--An entity awarded 
        a grant under this section shall be provided an initial amount 
        that equals 50 percent of total grant amount allocated under 
        paragraph (1). To be eligible for the remaining 50 percent of 
        the allocation, a grantee shall submit to the Committees on 
        Appropriations of the House of Representatives and the Senate, 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Inspector General 
        of the United States a report containing--
                    ``(A) a detailed description of how such amount was 
                spent; and
                    ``(B) a certification from an auditor of the State 
                or Indian tribal government that none of the funds were 
                wasted or used inappropriately.
            ``(3) 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--
                    ``(A) provide for full and open competition and 
                require cost or price analysis;
                    ``(B) specify methods of procurement and their 
                applicability, but not allow cost-plus-a-percentage-of 
                cost or percentage-of-construction-cost methods of 
                procurement;
                    ``(C) include standards of conduct governing 
                employees engaged in the award or administration of 
                contracts; and
                    ``(D) ensure that all purchase orders and contracts 
                include any clauses required by Federal statute, 
                Executive order, or implementing regulation.
    ``(e) Funding.--Any funds provided under this section--
            ``(1) shall supplement and not supplant any other 
        assistance provided by the President or any other Federal 
        agency in response to a major disaster; and
            ``(2) may not be considered a duplication of assistance.
    ``(f) Environmental Review.--Any Federal agency or recipient of 
funds received under this section that fund or use funds to supplement 
funds provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, 
or 502 may adopt, without review or public comment, any environmental 
review, approval, or permit performed by a Federal agency.
    ``(g) Best Practices.--The President shall identify best practices 
for grantees on issues including developing action plans, establishing 
financial controls, building grantee technical and administrative 
capacity, procurement, and use of grant funds as local match for other 
sources of Federal funding. Not later than 1 year after the date of 
enactment of this section, 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 process.
    ``(h) Definitions.--In this section:
            ``(1) 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 (d)(2)(A)(ii).
            ``(2) Unmet need.--The term `unmet need'--
                    ``(A) means any necessary expenses for activities 
                related to disaster relief, resiliency, long-term 
                recovery, restoration of infrastructure and housing, 
                mitigation, and economic revitalization related to a 
                major disaster declared by the President under section 
                401; and
                    ``(B) may include--
                            ``(i) any unresourced item, support, or 
                        assistance that has been assessed and verified 
                        as necessary for a survivor to recover from a 
                        major disaster, including food, clothing, 
                        shelter, first aid, emotional and spiritual 
                        care, household items, home repair, or 
                        rebuilding; and
                            ``(ii) cleaning and removing debris from 
                        rivers, creeks, streams, and ditches.''.
    (b) 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 431 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (as added by this Act) may 
be expended.

SEC. 3. UNMET NEEDS ASSISTANCE.

    (a) In General.--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. 432. UNMET NEEDS ASSISTANCE.

    ``(a) In General.--In any major disaster, 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 disaster.
    ``(b) Funding.--
            ``(1) Amount of funding.--The President may set aside from 
        the Disaster Relief Fund, with respect to each major disaster, 
        an amount equal to 10 percent of the estimated aggregate amount 
        of the grants to be made pursuant to sections 406 and 408 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 Act.
            ``(2) Estimated aggregate amount.--Not later than 180 days 
        after each major disaster declared pursuant to this Act, the 
        estimated aggregate amount of grants for purposes of paragraph 
        (1) shall be determined by the President and such estimated 
        amount need not be reduced, increased, or changed due to 
        variations in estimates.
            ``(3) No reduction in amounts.--The amount set aside 
        pursuant to paragraph (1) shall not reduce the amounts 
        otherwise made available for sections 403, 406, 407, 408, 410, 
        416, and 428 under this Act.
    ``(c) Unmet Needs.--A State or Indian tribal government may use 
unmet needs grants to provide assistance, in addition to other 
assistance made available under this Act, for the following unmet needs 
resulting from a major disaster:
            ``(1) Disaster-related home repair and rebuilding financial 
        assistance to families for permanent housing purposes, 
        including in conjunction with eligible expenditures under 
        section 408.
            ``(2) Disaster-related unmet needs of families who are 
        unable to obtain adequate assistance from other sources.
            ``(3) Other disaster-related services that alleviate human 
        suffering and promote the well-being of disaster victims.
            ``(4) Economic and business activities (including food and 
        agriculture) after a disaster to implement post-disaster 
        economic recovery measures, including planning and technical 
        assistance for long-term economic recovery plans, 
        infrastructure improvements, business or infrastructure 
        financing, market or industry research, and other activities 
        authorized under a comprehensive economic development strategy.
    ``(d) Accounting and Fiscal Controls.--
            ``(1) In general.--Not later than 6 months after receipt of 
        funds and every 6 months thereafter until all such funds are 
        expended, each State or Indian tribal government receiving such 
        funds shall submit to the Administrator a report that 
        includes--
                    ``(A) the criteria established for determining how 
                the funds are spent;
                    ``(B) the allocation of such funds; and
                    ``(C) the process for public notice and comment.
            ``(2) Administrative costs.--A State or Indian tribal 
        government that receives funds under this section may expend 
        not more than 5 percent of the amount of such funds for the 
        administrative costs of providing financial assistance to 
        individuals and households in the State.''.
    (b) Applicability.--This section and the amendments made by this 
section shall apply to funds appropriated on or after the date of 
enactment of this Act.

SEC. 4. FURTHER CONSIDERATIONS FOR DISASTER DECLARATIONS.

    (a) In General.--In making recommendations to the President 
regarding the declaration of a major disaster or emergency pursuant to 
section 401 or 501 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170; 5191) or the proposed non-
Federal share of the cost of carrying out activities with assistance 
provided under such Act, the Administrator of the Federal Emergency 
Management Agency shall give greater weight and consideration to severe 
local impact resulting from such disaster or emergency and, in the 5-
year period preceding such disaster or emergency, whether multiple 
other disasters or emergencies have occurred in the affected area.
    (b) Revisions to Guidance, Policies, and Regulations.--The 
Administrator shall take such actions as are necessary to revise any 
policies, guidance, or regulations of the Agency to implement 
subsection (a).
    (c) Report.--Not later than 1 year after the date of enactment of 
this section, 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--
            (1) changes made to guidance, policies, or regulations 
        pursuant to subsection (b); and
            (2) the number of major disasters and emergencies that have 
        been declared pursuant to section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act based on the 
        criteria described in subsection (a).

SEC. 5. REPAIR AND REBUILDING.

    (a) In General.--Section 408(c) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(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--
                                    ``(I) 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 disaster; and
                                    ``(II) eligible hazard mitigation 
                                measures that reduce the likelihood and 
                                future damage to such residences, 
                                utilities, and infrastructure.
                            ``(ii) Eligibility.--A recipient of 
                        assistance under this subparagraph shall not be 
                        eligible for assistance under paragraph (1), 
                        unless otherwise determined by the 
                        Administrator.
                            ``(iii) 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 residence.
                    ``(C) 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 means, except insurance 
                proceeds.''; and
            (2) in paragraph (4) 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 solutions, including the costs associated with 
        temporary housing provided under this section, and long-term 
        rebuilding costs associated with section 431.''.
    (b) Eligibility.--Section 408(b)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is 
amended--
            (1) by striking ``rendered uninhabitable'' and inserting 
        ``damaged by a major disaster''; and
            (2) by striking ``uninhabitable, as a result of damage 
        caused by a major disaster'' and inserting ``damaged by a major 
        disaster''.
    (c) Applicability.--This section and the amendments made by this 
section shall apply to funds appropriated on or after the date of 
enactment of this Act.

SEC. 6. FEMA EMERGENCY HOME REPAIR PROGRAM.

    (a) In General.--Section 403(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (I) by striking ``and'' at the 
                end;
                    (B) in subparagraph (J) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(K) minor repairs up to habitability of owner-
                occupied homes damaged by the disaster in order for 
                survivors to safely shelter in place, subject to the 
                availability of appropriations.''; and
            (2) by adding at the end the following:
            ``(5) Sheltering and housing options.--Not later than 15 
        days after a declaration of a major disaster, the Federal 
        coordinating officer shall identify all sheltering and housing 
        options available under this section or section 408 to a State 
        Governor, or the designated State coordinating officer.
            ``(6) Definitions.--In this subsection, the term `minor 
        repairs up to habitability' means the minimum standards for 
        permanent housing described in section 576.403(c) of title 24, 
        Code of Federal Regulations (or successor regulations).''.
    (b) Rulemaking.--Not later than 2 years after the date of enactment 
of this Act, the Administrator of the Federal Emergency Management 
Agency shall issue final regulations to implement the amendments made 
by this section.

SEC. 7. APPEALS OF INDIVIDUALS AND HOUSEHOLDS PROGRAM BENEFITS.

    (a) Period of Assistance.--Clauses (iii) and (iv) of section 
408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174(c)(1)(B)) are amended by striking ``18-
month period'' and inserting ``24-month period''.
    (b) Appeals.--The Administrator shall revise section 206.115 of 
title 44, Code of Federal Regulations, to require the Federal Emergency 
Management Agency to provide to any applicant who appeals a 
determination of eligibility of assistance--
            (1) any documentation used to make such determination, 
        including any inspection documents that exist;
            (2) a description of--
                    (A) the reasons for such determination; and
                    (B) recommended steps that could be taken to remedy 
                a determination of ineligibility, including, as 
                applicable, a list of additional documentation that the 
                applicant may provide; and
            (3) any inspection documents that exist not later than 10 
        days after the completion of the inspection.
    (c) Applicability.--This section and the amendment made by this 
section shall apply to funds appropriated on or after the date of 
enactment of this Act.

SEC. 8. REPORT TO CONGRESS ON MAJOR DISASTER DECLARATIONS.

    Not later than 180 days after the date of enactment of this Act, 
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 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during 
the 5-year period preceding such date of enactment:
            (1) The process used by the Federal Emergency Management 
        Agency to determine individual household need.
            (2) An itemization of the most common reasons for denial of 
        individual and household assistance pursuant to section 408 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5174).
            (3) The rate of appeals of denial of such assistance.
            (4) The amount of time the Agency takes to issue a decision 
        regarding eligibility for individual assistance, disaggregated 
        by each such major disaster.
            (5) Information on the use of Disaster Legal Services and 
        the number of applicants who were eligible for such services.
            (6) The total number of Disaster Legal Services volunteers 
        as of such date of enactment.
            (7) The number of such volunteers who were activated for 
        each such major disaster.
            (8) The amount of time taken after the declaration of each 
        such major disaster to set up disaster recovery centers that 
        provide access to individual assistance.
            (9) The number of disaster recovery centers opened for each 
        such major disaster.
            (10) The process used for selecting the location of such 
        disaster recovery centers.
            (11) The average amount of time disaster recovery centers 
        remained open.
            (12) The average amount of time individual survivors spend 
        at such centers.
            (13) A description of outreach efforts in low-income, 
        rural, and underserved communities regarding the availability 
        of assistance provided by the Federal Emergency Management 
        Agency under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act.

SEC. 9. REVIEW BY COMPTROLLER GENERAL.

    Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a review of the fiscal controls of States that 
        receive assistance under section 432 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act, as added by 
        section 3; and
            (2) 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 
        Representatives.

SEC. 10. GAO STUDY ON TIMING OF CLOSING OUT DISASTER RECOVERY.

    Not later than 1 year after the date of enactment of this Act, 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 T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) pursuant to section 705 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205).
                                                 Union Calendar No. 663

118th CONGRESS

  2d Session

                               H. R. 9750

                          [Report No. 118-811]

_______________________________________________________________________

                                 A BILL

To authorize the President to provide disaster assistance to States and 
 Indian Tribes under a major disaster recovery program, and for other 
                               purposes.

_______________________________________________________________________

                            December 5, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```