I 

115TH CONGRESS 

1ST SESSION H. R. 4460 

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. 

IN THE HOUSE OF REPRESENTATIVES 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Disaster Recovery Reform Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DISASTER MITIGATION 

Sec. 101. National public infrastructure predisaster hazard mitigation. 

Sec. 102. Additional mitigation activities. 

Sec. 103. Wildfire prevention. 

Sec. 104. Additional activities. 

TITLE II—DISASTER RESPONSE AND RECOVERY 

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. 

TITLE III—AGENCY MANAGEMENT, OVERSIGHT, AND 

ACCOUNTABILITY 

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. 

3 TITLE I—DISASTER MITIGATION 

4 SEC. 101. NATIONAL PUBLIC INFRASTRUCTURE 

5 PREDISASTER HAZARD MITIGATION. 

6 Section 203 of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5133) is 

8 amended— 


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1 (1) in subsection (c) by inserting ‘‘Public’’ after 

2 ‘‘the National’’; 

3 (2) in subsection (e)(1)(B)— 

4 (A) by striking ‘‘or’’ at the end of clause 

5 (ii); 

6 (B) by striking the period at the end of 

7 clause (iii) and inserting ‘‘; or’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(iv) to establish and carry out en10 forcement activities to implement the latest 

11 published editions of relevant consensus12 based codes, specifications, and standards 

13 that incorporate the latest hazard-resistant 

14 designs and establish minimum acceptable 

15 criteria for the design, construction, and 

16 maintenance of residential structures and 

17 facilities that may be eligible for assistance 

18 under this Act for the purpose of pro19 tecting the health, safety, and general wel20 fare of the buildings’ users against disas21 ters.’’; 

22 (3) in subsection (f)— 

23 (A) in paragraph (1) by inserting ‘‘for 

24 mitigation activities that are cost effective’’ 

25 after ‘‘competitive basis’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(3) REDISTRIBUTION OF UNOBLIGATED

3 AMOUNTS.—The President shall— 

4 ‘‘(A) withdraw amounts of financial assist5 ance made available to a State (including 

6 amounts made available to local governments of 

7 a State) under this subsection that remain un8 obligated by the end of the third fiscal year 

9 after the fiscal year for which the amounts were 

10 allocated; and 

11 ‘‘(B) in the fiscal year following a fiscal 

12 year in which amounts were withdrawn under 

13 subparagraph (A), add the amounts to any 

14 other amounts available to be awarded on a 

15 competitive basis pursuant to paragraph (1).’’; 

16 (4) in subsection (g)— 

17 (A) in paragraph (9) by striking ‘‘and’’ at 

18 the end; 

19 (B) by redesignating paragraph (10) as 

20 paragraph (12); and 

21 (C) by adding after paragraph (9) the fol22 lowing: 

23 ‘‘(10) the extent to which the State or local 

24 government has facilitated the adoption and enforce25 ment of the latest published editions of relevant conVerDate Sep 11 2014 02:02 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 sensus-based codes, specifications, and standards 

2 that incorporate the latest hazard-resistant designs 

3 and establish criteria for the design, construction, 

4 and maintenance of residential structures and facili5 ties that may be eligible for assistance under this 

6 Act for the purpose of protecting the health, safety, 

7 and general welfare of the buildings’ users against 

8 disasters; and 

9 ‘‘(11) the extent to which the assistance will 

10 fund activities that increase the level of resiliency; 

11 and’’; 

12 (5) by striking subsection (i) and inserting the 

13 following: 

14 ‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE

15 PREDISASTER MITIGATION FUND.— 

16 ‘‘(1) ESTABLISHMENT.—The President shall es17 tablish in the Treasury of the United States a sepa18 rate account called the National Public Infrastruc19 ture Predisaster Mitigation Fund (in this section re20 ferred to as the ‘Predisaster Mitigation Fund’), 

21 which shall be used exclusively to carry out this sec22 tion, with amounts in such account to be available 

23 until expended unless otherwise provided. 

24 ‘‘(2) TRANSFERS TO PREDISASTER MITIGATION

25 FUND.— 


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1 ‘‘(A) IN GENERAL.—There shall be depos2 ited in the Predisaster Mitigation Fund with re3 spect to each disaster declared on or after Au4 gust 1, 2017, an additional amount equal to 6 

5 percent of the estimated aggregate amount of 

6 grants to be made pursuant to sections 403, 

7 406, 407, 408, 410, and 416. 

8 ‘‘(B) ESTIMATED AGGREGATE AMOUNT.— 

9 Not later than 180 days after each major dis10 aster declaration, the estimated aggregate 

11 amount of grants on which the amount cal12 culated in subparagraph (A) is based shall be 

13 determined and need not be reduced, increased, 

14 or changed due to variations in estimates.’’; and 

15 (6) by striking subsection (m) and redesig16 nating subsection (n) as subsection (m). 

17 SEC. 102. ADDITIONAL MITIGATION ACTIVITIES. 

18 (a) HAZARD MITIGATION CLARIFICATION.—Section 

19 404(a) of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5170c(a)) is 

21 amended by striking the first sentence and inserting the 

22 following: ‘‘The President may contribute up to 75 percent 

23 of the cost of hazard mitigation measures which the Presi24 dent has determined are cost effective and which substan25 tially reduce the risk of, or increase resilience to, future 


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1 damage, hardship, loss, or suffering in any area affected 

2 by a major disaster.’’. 

3 (b) ELIGIBLE COST.—Section 406(e)(1)(A) of such 

4 Act (42 U.S.C. 5172(e)(1)(A)) is amended— 

5 (1) in the matter preceding clause (i), by insert6 ing after ‘‘section’’ the following: ‘‘for disasters de7 clared on or after August 1, 2017, or a disaster in 

8 which a cost estimate has not yet been finalized for 

9 a project,’’; 

10 (2) in clause (i), by striking ‘‘and’’; 

11 (3) in clause (ii)— 

12 (A) by striking ‘‘codes, specifications, and 

13 standards’’ and inserting ‘‘the latest published 

14 editions of relevant consensus-based codes, 

15 specifications, and standards that incorporate 

16 the latest hazard-resistant designs and establish 

17 minimum acceptable criteria for the design, 

18 construction, and maintenance of residential 

19 structures and facilities that may be eligible for 

20 assistance under this Act for the purposes of 

21 protecting the health, safety, and general wel22 fare of a facility’s users against disasters’’; 

23 (B) by striking ‘‘applicable at the time at 

24 which the disaster occurred’’; and 


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1 (C) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(iii) in a manner that allows the fa5 cility to meet the definition of resilient de6 veloped pursuant to this subsection.’’. 

7 (c) NEW RULES.—Section 406(e) of such Act (42 

8 U.S.C. 5172(e)) is further amended by adding at the end 

9 the following: 

10 ‘‘(5) NEW RULES.— 

11 ‘‘(A) IN GENERAL.—Not later than 18 

12 months after the date of enactment of this 

13 paragraph, the President, acting through the 

14 Administrator of the Federal Emergency Man15 agement Agency, shall issue a final rulemaking 

16 that defines the terms ‘resilient’ and ‘resiliency’ 

17 for purposes of this subsection. 

18 ‘‘(B) GUIDANCE.—Not later than 90 days 

19 after the date on which the Administrator 

20 issues the final rulemaking under this para21 graph, the Administrator shall issue any nec22 essary guidance related to the rulemaking. 

23 ‘‘(C) REPORT.—Not later than 2 years 

24 after the date of enactment of this paragraph, 

25 the Administrator shall submit to Congress a 


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1 report summarizing the regulations and guid2 ance issued pursuant to this paragraph.’’. 

3 (d) CONFORMING AMENDMENT.—Section 205(d)(2) 

4 of the Disaster Mitigation Act of 2000 (Public Law 106– 

5 390) is amended by inserting ‘‘(B)’’ after ‘‘except that 

6 paragraph (1)’’. 

7 SEC. 103. WILDFIRE PREVENTION. 

8 (a) MITIGATION ASSISTANCE.—Section 420 of the 

9 Robert T. Stafford Disaster Relief and Emergency Assist10 ance Act (42 U.S.C. 5187) is amended— 

11 (1) by redesignating subsection (d) as sub12 section (e); and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether 

16 or not a major disaster is declared, the President may pro17 vide hazard mitigation assistance in accordance with sec18 tion 404 in any area affected by a fire for which assistance 

19 was provided under this section.’’. 

20 (b) CONFORMING AMENDMENTS.—The Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5121 et seq.) is amended— 

23 (1) in section 404(a) (42 U.S.C. 5170c(a))— 


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1 (A) by inserting before the first period ‘‘, 

2 or any area affected by a fire for which assist3 ance was provided under section 420’’; and 

4 (B) in the third sentence by inserting ‘‘or 

5 event under section 420’’ after ‘‘major disaster’’ 

6 each place it appears; and 

7 (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), 

8 by inserting ‘‘or event under section 420’’ after 

9 ‘‘major disaster’’ each place it appears. 

10 (c) REPORTING REQUIREMENT.—Not later than 1 

11 year after the date of enactment of this Act and annually 

12 thereafter, the Administrator of the Federal Emergency 

13 Management Agency shall submit to the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate, the Committee on Transportation and Infrastructure 

16 of the House of Representatives, and the Appropriations 

17 Committees of the Senate and the House of Representa18 tives a report containing a summary of any projects car19 ried out, and any funding provided to those projects, 

20 under subsection (d) of section 420 of the Robert T. Staf21 ford Disaster Relief and Emergency Assistance Act (42 

22 U.S.C. 5187) (as amended by this section). 


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1 SEC. 104. ADDITIONAL ACTIVITIES. 

2 Section 404 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5170c) is 

4 amended by adding at the end the following: 

5 ‘‘(f) USE OF ASSISTANCE.—Recipients of hazard 

6 mitigation assistance provided under this section and sec7 tion 203 may use the assistance to conduct activities to 

8 help reduce the risk of future damage, hardship, loss, or 

9 suffering in any area affected by a wildfire, including— 

10 ‘‘(1) reseeding ground cover with quick-growing 

11 or native species; 

12 ‘‘(2) mulching with straw or chipped wood; 

13 ‘‘(3) constructing straw, rock, or log dams in 

14 small tributaries to prevent flooding; 

15 ‘‘(4) placing logs and other erosion barriers to 

16 catch sediment on hill slopes; 

17 ‘‘(5) installing debris traps to modify road and 

18 trail drainage mechanisms; 

19 ‘‘(6) modifying or removing culverts to allow 

20 drainage to flow freely; 

21 ‘‘(7) adding drainage dips and constructing 

22 emergency spillways to keep roads and bridges from 

23 washing out during floods; 

24 ‘‘(8) planting grass to prevent the spread of 

25 noxious weeds; 

26 ‘‘(9) installing warning signs; 


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1 ‘‘(10) establishing defensible space measures; 

2 and 

3 ‘‘(11) reducing hazardous fuels.’’. 

4 TITLE II—DISASTER RESPONSE 

5 AND RECOVERY 

6 SEC. 201. FEDERAL COST-SHARE ADJUSTMENTS FOR RE7 PAIR, RESTORATION, AND REPLACEMENT OF 

8 DAMAGED FACILITIES. 

9 Section 406(b) of the Robert T. Stafford Disaster Re10 lief and Emergency Assistance Act (42 U.S.C. 5172(b)) 

11 is amended by inserting after paragraph (2) the following: 

12 ‘‘(3) INCREASED FEDERAL SHARE.— 

13 ‘‘(A) INCENTIVE MEASURES.—The Presi14 dent may provide incentives to a State or Tribal 

15 government to invest in measures that increase 

16 readiness for, and resilience from, a major dis17 aster by recognizing such investments through 

18 a sliding scale that increases the minimum Fed19 eral share to 85 percent. Such measures may 

20 include— 

21 ‘‘(i) the adoption of a mitigation plan 

22 approved under section 322; 

23 ‘‘(ii) investments in disaster relief, in24 surance, and emergency management pro25 grams; 


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1 ‘‘(iii) encouraging the adoption and 

2 enforcement of the latest published edi3 tions of relevant consensus-based codes, 

4 specifications, and standards that incor5 porate the latest hazard-resistant designs 

6 and establish minimum acceptable criteria 

7 for the design, construction, and mainte8 nance of residential structures and facili9 ties that may be eligible for assistance 

10 under this Act for the purpose of pro11 tecting the health, safety, and general wel12 fare of the buildings’ users against disas13 ters; 

14 ‘‘(iv) facilitating participation in the 

15 community rating system; and 

16 ‘‘(v) funding mitigation projects or 

17 granting tax incentives for projects that re18 duce risk. 

19 ‘‘(B) COMPREHENSIVE GUIDANCE.—Not 

20 later than 1 year after the date of enactment of 

21 this paragraph, the President, acting through 

22 the Administrator, shall issue comprehensive 

23 guidance to State and Tribal governments re24 garding the measures and investments that will 


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1 be recognized for the purpose of increasing the 

2 Federal share under this section. 

3 ‘‘(C) REPORT.—One year after the 

4 issuance of the guidance required by subpara5 graph (B), the Administrator shall submit to 

6 the Committee on Transportation and Infra7 structure of the House of Representatives and 

8 the Committee on Homeland Security and Gov9 ernmental Affairs of the Senate a report re10 garding the analysis of the Federal cost shares 

11 paid under this section. 

12 ‘‘(D) SAVINGS CLAUSE.—Nothing in this 

13 paragraph prevents the President from increas14 ing the Federal cost share above 85 percent.’’. 

15 SEC. 202. ELIGIBILITY FOR CODE IMPLEMENTATION AND 

16 ENFORCEMENT. 

17 Section 406(a)(2) of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5172(a)(2)) is amended— 

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (B); 

22 (2) by striking the period at the end of sub23 paragraph (C) and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(D) base and overtime wages for extra 

2 hires to facilitate the implementation and en3 forcement of adopted building codes for a pe4 riod of not more than 180 days after the major 

5 disaster is declared.’’. 

6 SEC. 203. PROGRAM IMPROVEMENTS. 

7 (a) HAZARD MITIGATION.—Section 406(c) of the 

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5172(c)) is amended— 

10 (1) in paragraph (1)(A), by striking ‘‘90 per11 cent of’’; and 

12 (2) in paragraph (2)(A), by striking ‘‘75 per13 cent of’’. 

14 (b) PARTICIPATION.—Section 428(d) of such Act (42 

15 U.S.C. 5189f) is amended— 

16 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

17 ‘‘Participation in’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) NO CONDITIONS.—The President may not 

20 condition the provision of Federal assistance under 

21 this Act on the election by a State, Tribal, or local 

22 government, or owner or operator of a private non23 profit facility to participate in the alternative proce24 dures adopted under this section.’’. 


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1 (c) CERTIFICATION.—Section 428(e)(1) of such Act 

2 (42 U.S.C. 5189f(e)(1)) is amended— 

3 (1) in subparagraph (E), by striking ‘‘and’’ at 

4 the end; 

5 (2) in subparagraph (F), by striking the period 

6 and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(G) COST ESTIMATES.—Once certified by 

9 a professionally licensed engineer and accepted 

10 by the Administrator, the estimates on which 

11 grants made pursuant to this section are based 

12 shall be presumed to be reasonable, eligible, and 

13 actual costs as long as there is no evidence of 

14 fraud.’’. 

15 SEC. 204. PRIORITIZATION OF FACILITIES. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Administrator of the Federal Emergency 

18 Management Agency shall provide guidance and training 

19 on an annual basis to State, Tribal, and local govern20 ments, first responders, and utility companies on— 

21 (1) the need to prioritize assistance to hospitals, 

22 nursing homes, and other long-term care facilities to 

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1 ticable during power outages caused by natural haz2 ards, including severe weather events; and 

3 (2) how hospitals, nursing homes and other 

4 long-term care facilities should adequately prepare 

5 for power outages during a major disaster or emer6 gency. 

7 SEC. 205. GUIDANCE ON EVACUATION ROUTES. 

8 (a) IN GENERAL.— 

9 (1) IDENTIFICATION.—The Administrator of 

10 the Federal Emergency Management Agency, in co11 ordination with the Administrator of the Federal 

12 Highway Administration, shall develop and issue 

13 guidance for State, local, and Tribal governments re14 garding the identification of evacuation routes. 

15 (2) GUIDANCE.—The Administrator of the Fed16 eral Highway Administration, in coordination with 

17 the Administrator of the Federal Emergency Man18 agement Agency, shall revise existing guidance or 

19 issue new guidance as appropriate for State, local, 

20 and Tribal governments regarding the design, con21 struction, maintenance, and repair of evacuation 

22 routes. 

23 (b) CONSIDERATIONS.— 

24 (1) IDENTIFICATION.—In developing the guid25 ance under subsection (a)(1), the Administrator of 


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1 the Federal Emergency Management Agency shall 

2 consider— 

3 (A) whether evacuation routes have re4 sisted impacts and recovered quickly from dis5 asters, regardless of cause; 

6 (B) the need to evacuate special needs pop7 ulations, including— 

8 (i) individuals with a physical or men9 tal disability; 

10 (ii) individuals in schools, daycare 

11 centers, mobile home parks, prisons, nurs12 ing homes and other long-term care facili13 ties, and detention centers; 

14 (iii) individuals with limited-English 

15 proficiency; 

16 (iv) the elderly; and 

17 (v) individuals who are tourists, sea18 sonal workers, or homeless; 

19 (C) the sharing of information and other 

20 public communications with evacuees during 

21 evacuations; 

22 (D) the sheltering of evacuees, including 

23 the care, protection, and sheltering of animals; 

24 (E) the return of evacuees to their homes; 

25 and 


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1 (F) such other items the Administrator 

2 considers appropriate. 

3 (2) DESIGN, CONSTRUCTION, MAINTENANCE, 

4 AND REPAIR.—In revising or issuing guidance under 

5 (a)(2), the Administrator of the Federal Highway 

6 Administration shall consider— 

7 (A) methods that assist evacuation routes 

8 to— 

9 (i) withstand likely risks to viability, 

10 including flammability and hydrostatic 

11 forces; 

12 (ii) improve durability, strength (in13 cluding the ability to withstand tensile 

14 stresses and compressive stresses), and 

15 sustainability; and 

16 (iii) provide for long-term cost sav17 ings; 

18 (B) the ability of evacuation routes to ef19 fectively manage contraflow operations; 

20 (C) for evacuation routes on public lands, 

21 the viewpoints of the applicable Federal Land 

22 Management Agency regarding emergency oper23 ations, sustainability, and resource protection; 

24 and 


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1 (D) such other items the Administrator 

2 considers appropriate. 

3 SEC. 206. PROOF OF INSURANCE. 

4 A State shall be deemed to have proven that an appli5 cant has satisfied the purchase of insurance requirements 

6 under the Robert T. Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5121 et seq.) when an 

8 encumbrance requiring the purchase and maintenance of 

9 insurance has been placed on the title of the property re10 ceiving the benefit of the grant or assistance. This section 

11 in no way removes or reduces the insurance requirements 

12 on an applicant under the Act and in no way limits the 

13 requirement that assistance provided under such Act be 

14 reduced or eliminated when the requirements are not met. 

15 SEC. 207. DUPLICATION OF BENEFITS. 

16 (a) IN GENERAL.—Section 312(b) of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5155(b)) is amended by adding at the end the 

19 following: 

20 ‘‘(4) WAIVER OF GENERAL PROHIBITION.— 

21 ‘‘(A) IN GENERAL.—The President may 

22 waive the general prohibition provided in sub23 section (a) upon request of a Governor on be24 half of the State or on behalf of a person, busi25 ness concern, or any other entity suffering 


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1 losses as a result of a major disaster or emer2 gency, if the President finds such waiver is in 

3 the public interest and will not result in waste, 

4 fraud, or abuse. In making this decision, the 

5 President may consider the following: 

6 ‘‘(i) The recommendations of the Ad7 ministrator of the Federal Emergency 

8 Management Agency made in consultation 

9 with the Federal agency or agencies ad10 ministering the duplicative program. 

11 ‘‘(ii) If a waiver is granted, the assist12 ance to be funded is cost effective. 

13 ‘‘(iii) Equity and good conscience. 

14 ‘‘(iv) Other matters of public policy 

15 considered appropriate by the President. 

16 ‘‘(B) GRANT OR DENIAL OF WAIVER.—A 

17 request under subparagraph (A) shall be grant18 ed or denied not later than 45 days after sub19 mission of such request. 

20 ‘‘(C) PROHIBITION ON DETERMINATION

21 THAT LOAN IS A DUPLICATION.—Notwith22 standing subsection (c), in carrying out sub23 paragraph (A), the President may not deter24 mine that a loan is a duplication of assistance, 

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1 ward a loss suffered as a result of the major 

2 disaster or emergency.’’. 

3 (b) FUNDING OF A FEDERALLY AUTHORIZED WATER

4 RESOURCES DEVELOPMENT PROJECT.— 

5 (1) ELIGIBLE ACTIVITIES.—Notwithstanding 

6 section 312 of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5155) 

8 and its implementing regulations, assistance pro9 vided pursuant to section 404 of such Act may be 

10 used to fund activities authorized for construction 

11 within the scope of a federally authorized water re12 sources development project of the Army Corps of 

13 Engineers if such activities are also eligible activities 

14 under such section. 

15 (2) FEDERAL FUNDING.—All Federal funding 

16 provided under section 404 pursuant to this sub17 section shall be applied toward the Federal share of 

18 such project. 

19 (3) NON-FEDERAL MATCH.—All non-Federal 

20 matching funds required under section 404 pursuant 

21 to this subsection shall be applied toward the non22 Federal share of such project. 

23 (4) TOTAL FEDERAL SHARE.—Funding pro24 vided under section 404 pursuant to this subsection 


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1 may not exceed the total Federal share for such 

2 project. 

3 (5) NO EFFECT.—Nothing in this subsection 

4 shall— 

5 (A) affect the cost share requirement of a 

6 hazard mitigation measure under section 404; 

7 (B) affect the eligibility criteria for a haz8 ard mitigation measure under section 404; 

9 (C) affect the cost share requirements of a 

10 federally authorized water resources develop11 ment project; and 

12 (D) affect the responsibilities of a non13 Federal interest with respect to the project, in14 cluding those related to the provision of lands, 

15 easements, rights-of-way, dredge material dis16 posal areas, and necessary relocations. 

17 SEC. 208. STATE ADMINISTRATION OF ASSISTANCE FOR DI18 RECT TEMPORARY HOUSING AND PERMA19 NENT HOUSING CONSTRUCTION. 

20 Section 408(f) of the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5174(f)) 

22 is amended— 

23 (1) in paragraph (1), by striking the paragraph 

24 heading and inserting ‘‘STATE-ADMINISTERED AS25 SISTANCE AND OTHER NEEDS ASSISTANCE.—’’; 


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1 (2) in paragraph (1)(A)— 

2 (A) by striking ‘‘financial’’; and 

3 (B) by striking ‘‘subsection (e)’’ and in4 serting ‘‘subsections (c)(1)(B), (c)(4), and (e) if 

5 the President and the State comply, as deter6 mined by the Administrator, with paragraph 

7 (3)’’; 

8 (3) in paragraph (1)(B)— 

9 (A) by striking ‘‘financial’’; and 

10 (B) by striking ‘‘subsection (e)’’ and in11 serting ‘‘subsections (c)(1)(B), (c)(4), and (e)’’; 

12 and 

13 (4) by adding at the end the following: 

14 ‘‘(3) IN GENERAL.— 

15 ‘‘(A) APPLICATION.—A State desiring to 

16 provide assistance under subsections (c)(1)(B) 

17 and (c)(4) shall submit to the President an ap18 plication for the delegation of the authority to 

19 administer the program. 

20 ‘‘(B) CRITERIA.—The President, in con21 sultation and coordination with States and local 

22 governments, shall establish criteria for the ap23 proval of applications submitted under subpara24 graph (A). The criteria shall include, at a min25 imum— 


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1 ‘‘(i) the demonstrated ability of the 

2 State to manage the program under this 

3 section; 

4 ‘‘(ii) there being in effect a plan ap5 proved by the President as to how the 

6 State will comply with applicable Federal 

7 laws and regulations and how the State 

8 will provide assistance under its plan; 

9 ‘‘(iii) a requirement that the State or 

10 local government comply with rules and 

11 regulations established pursuant to sub12 section (j); and 

13 ‘‘(iv) a requirement that the Presi14 dent, or the designee of the President, 

15 comply with subsection (i). 

16 ‘‘(C) QUALITY ASSURANCE.—Before ap17 proving an application submitted under this 

18 section, the President, or the designee of the 

19 President, shall institute adequate policies, pro20 cedures, and internal controls to prevent waste, 

21 fraud, abuse, and program mismanagement for 

22 this program and for programs under sub23 sections (c)(1)(B) and (c)(4). The President 

24 shall monitor and conduct quality assurance ac25 tivities on a State’s implementation of programs 


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1 under subsections (c)(1)(B) and (c)(4). If, after 

2 approving an application of a State submitted 

3 under this section, the President determines 

4 that the State is not administering the program 

5 established by this section in a manner satisfac6 tory to the President, the President shall with7 draw the approval. 

8 ‘‘(D) AUDITS.—The Office of the inspector 

9 general shall provide for periodic audits of the 

10 programs administered by States under this 

11 subsection. 

12 ‘‘(E) APPLICABLE LAWS.—All Federal 

13 laws applicable to the management, administra14 tion, or contracting of the programs by the 

15 Federal Emergency Management Agency under 

16 this section shall be applicable to the manage17 ment, administration, or contracting by a non18 Federal entity under this section. 

19 ‘‘(F) REPORT.—Not later than 1 year 

20 after the date of enactment of this paragraph, 

21 the inspector general of the Department of 

22 Homeland Security shall submit a report to the 

23 Committee on Homeland Security and Govern24 mental Affairs of the Senate and the Committee 

25 on Transportation and Infrastructure of the 


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1 House of Representatives a report on the State 

2 role to provide assistance under this section. 

3 The report shall contain an assessment of the 

4 effectiveness of the State’s role to provide as5 sistance under this section, including— 

6 ‘‘(i) whether the State’s role helped to 

7 improve the general speed of disaster re8 covery; 

9 ‘‘(ii) whether the States providing as10 sistance under this section had the capac11 ity to administer this section; and 

12 ‘‘(iii) recommendations for changes to 

13 improve the program if the State’s role to 

14 administer the programs should be contin15 ued. 

16 ‘‘(G) PROHIBITION.—The President may 

17 not condition the provision of Federal assist18 ance under this Act by a State, Tribal, or local 

19 government requesting a grant under this sec20 tion. 

21 ‘‘(H) MISCELLANEOUS.— 

22 ‘‘(i) NOTICE AND COMMENT.—The 

23 Administrator may waive notice and com24 ment rulemaking, if the Administrator de25 termines doing so is necessary to expediVerDate Sep 11 2014 02:02 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 tiously implement this section, and may 

2 carry out this section as a pilot program 

3 until such regulations are promulgated. 

4 ‘‘(ii) FINAL RULE.—Not later than 2 

5 years after the date of enactment of this 

6 paragraph, the Administrator shall issue 

7 final regulations to implement this sub8 section as amended by the Disaster Recov9 ery Reform Act. 

10 ‘‘(iii) WAIVER AND EXPIRATION.—The 

11 authority under clause (i) and any pilot 

12 program implemented pursuant to such 

13 clause shall expire 2 years after date of en14 actment of this paragraph or upon 

15 issuance of final regulations pursuant to 

16 clause (ii), whichever occurs sooner.’’. 

17 SEC. 209. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

18 Section 408(h) of the Robert T. Stafford Disaster 

19 Relief and Emergency Assistance Act (42 U.S.C. 5174(h)) 

20 is amended— 

21 (1) in paragraph (1), by inserting ‘‘, excluding 

22 financial assistance to rent alternate housing accom23 modations under subsection (c)(1)(A)(i) and finan24 cial assistance to address other needs under sub25 section (e)’’ after ‘‘disaster’’; 


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1 (2) by redesignating paragraph (2) as para2 graph (3); 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) OTHER NEEDS ASSISTANCE.—The max6 imum financial assistance any individual or house7 hold may receive under subsection (e) shall be equiv8 alent to the amount set forth in paragraph (1) with 

9 respect to a single major disaster.’’; 

10 (4) in paragraph (3) (as so redesignated), by 

11 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

12 (1) and (2)’’; and 

13 (5) by inserting after paragraph (3) (as so re14 designated) the following: 

15 ‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR

16 INDIVIDUALS WITH DISABILITIES.— 

17 ‘‘(A) The maximum amount of assistance 

18 established under paragraph (1) shall exclude 

19 expenses to repair or replace damaged accessi20 bility-related improvements under paragraphs 

21 (2), (3), and (4) of subsection (c) for individ22 uals with disabilities. 

23 ‘‘(B) The maximum amount of assistance 

24 established under paragraph (2) shall exclude 

25 expenses to repair or replace accessibility-reVerDate Sep 11 2014 02:02 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 lated personal property under subsection (e)(2) 

2 for individuals with disabilities.’’. 

3 SEC. 210. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 

4 (a) LEASE AND REPAIR OF RENTAL UNITS FOR

5 TEMPORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of 

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended 

8 to read as follows: 

9 ‘‘(II) IMPROVEMENTS OR RE10 PAIRS.—Under the terms of any lease 

11 agreement for property entered into 

12 under this subsection, the value of the 

13 improvements or repairs shall be de14 ducted from the value of the lease 

15 agreement.’’. 

16 (b) RENTAL PROPERTIES IMPACTED.—Section 

17 408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 

20 ‘‘(aa) enter into lease agree21 ments with owners of multifamily 

22 rental property impacted by a 

23 major disaster or located in areas 

24 covered by a major disaster dec25 laration to house individuals and 


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1 households eligible for assistance 

2 under this section; and’’. 

3 (c) INSPECTOR GENERAL REPORT.—Not later than 

4 2 years after the date of the enactment of this Act, the 

5 inspector general of the Department of Homeland Security 

6 shall assess the use of the authority provided under section 

7 408(c)(1)(B) of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 

9 5174(c)(1)(B)), including the adequacy of any benefit-cost 

10 analysis done to justify the use of this alternative, and 

11 submit a report on the results of that review to the appro12 priate committees of Congress. 

13 SEC. 211. FEDERAL DISASTER ASSISTANCE NONPROFIT 

14 FAIRNESS. 

15 (a) DEFINITION OF PRIVATE NONPROFIT FACIL16 ITY.—Section 102(11)(B) of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 

18 5122(11)(B)) is amended to read as follows: 

19 ‘‘(B) ADDITIONAL FACILITIES.—In addi20 tion to the facilities described in subparagraph 

21 (A), the term ‘private nonprofit facility’ in22 cludes any private nonprofit facility that pro23 vides essential services of a governmental na24 ture to the general public (including museums, 

25 zoos, performing arts facilities, community arts 


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1 centers, community centers, houses of worship 

2 exempt from taxation under section 501(c) of 

3 the Internal Revenue Code of 1986, libraries, 

4 homeless shelters, senior citizen centers, reha5 bilitation facilities, shelter workshops, and fa6 cilities that provide health and safety services of 

7 a governmental nature), as defined by the 

8 President.’’. 

9 (b) REPAIR, RESTORATION, AND REPLACEMENT OF

10 DAMAGED FACILITIES.—Section 406(a)(3) of the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5172(a)(3)) is amended by adding at the end 

13 the following: 

14 ‘‘(C) HOUSES OF WORSHIP.—A church, 

15 synagogue, mosque, temple, or other house of 

16 worship, and a private nonprofit facility oper17 ated by a religious organization, shall be eligible 

18 for contributions under paragraph (1)(B), with19 out regard to the religious character of the fa20 cility or the primary religious use of the facil21 ity.’’. 

22 (c) APPLICABILITY.—This section and the amend23 ments made by this section shall apply to the provision 

24 of assistance in response to a major disaster or emergency 

25 declared on or after October 28, 2012. 


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1 SEC. 212. MANAGEMENT COSTS. 

2 Section 324 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5165b) is 

4 amended— 

5 (1) in subsection (a) by striking ‘‘any adminis6 trative expense, and any other expense not directly 

7 chargeable to’’ and inserting ‘‘direct administrative 

8 cost, and any other administrative expense associ9 ated with’’; and 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘Notwithstanding’’ and in12 serting the following: 

13 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

14 (B) by striking ‘‘establish’’ and inserting 

15 the following: ‘‘implement the following:’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad18 ministrator shall provide the following percentage 

19 rates, in addition to the eligible project costs, to 

20 cover direct and indirect costs of administering the 

21 following programs: 

22 ‘‘(A) HAZARD MITIGATION.—A grantee 

23 under section 404 may be reimbursed not more 

24 than 15 percent of the total amount of the 

25 grant award under such section of which not 

26 more than 10 percent may be used by the 


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1 grantee and 5 percent by the subgrantee for 

2 such costs. 

3 ‘‘(B) PUBLIC ASSISTANCE.—A grantee 

4 under sections 403, 406, 407, and 502 may be 

5 reimbursed not more than 12 percent of the 

6 total award amount under such sections, of 

7 which not more than 7 percent may be used by 

8 the grantee and 5 percent by the subgrantee for 

9 such costs.’’. 

10 SEC. 213. FLEXIBILITY. 

11 (a) DEFINITION.—In this section, the term ‘‘covered 

12 assistance’’ means assistance provided— 

13 (1) under section 408 of the Robert T. Stafford 

14 Disaster Relief and Emergency Assistance Act (42 

15 U.S.C. 5174); and 

16 (2) in relation to a major disaster or emergency 

17 declared by the President under section 401 or 501 

18 of the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 

20 5191) on or after October 28, 2012. 

21 (b) WAIVER AUTHORITY.—Notwithstanding section 

22 3716(e) of title 31, United States Code, the Administrator 

23 of the Federal Emergency Management Agency— 


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1 (1) subject to paragraph (2), may waive a debt 

2 owed to the United States related to covered assist3 ance provided to an individual or household if— 

4 (A) the covered assistance was distributed 

5 based on an error by the Federal Emergency 

6 Management Agency; 

7 (B) there was no fault on behalf of the 

8 debtor; and 

9 (C) the collection of the debt would be 

10 against equity and good conscience; and 

11 (2) may not waive a debt under paragraph (1) 

12 if the debt involves fraud, the presentation of a false 

13 claim, or misrepresentation by the debtor or any 

14 party having an interest in the claim. 

15 (c) MONITORING OF COVERED ASSISTANCE DISTRIB16 UTED BASED ON ERROR.— 

17 (1) IN GENERAL.—The inspector general of the 

18 Department of Homeland Security shall monitor the 

19 distribution of covered assistance to individuals and 

20 households to determine the percentage of such as21 sistance distributed based on an error. 

22 (2) REMOVAL OF WAIVER AUTHORITY BASED

23 ON EXCESSIVE ERROR RATE.—If the inspector gen24 eral determines, with respect to any 12-month pe25 riod, that the amount of covered assistance distribVerDate Sep 11 2014 02:02 Nov 29, 2017 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4460.IH H4460

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1 uted based on an error by the Federal Emergency 

2 Management Agency exceeds 4 percent of the total 

3 amount of covered assistance distributed— 

4 (A) the inspector general shall notify the 

5 Administrator and publish the determination in 

6 the Federal Register; and 

7 (B) with respect to any major disaster de8 clared by the President under section 401 of 

9 the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5170) 

11 after the date of the determination, the author12 ity of the Administrator to waive debt under 

13 subsection (b) shall no longer be effective. 

14 SEC. 214. ADDITIONAL DISASTER ASSISTANCE. 

15 (a) DISASTER MITIGATION.—Section 209 of the Pub16 lic Works and Economic Development Act of 1965 (42 

17 U.S.C. 3149) is amended by adding at the end the fol18 lowing: 

19 ‘‘(e) DISASTER MITIGATION.—In providing assist20 ance pursuant to subsection (c)(2), if appropriate and as 

21 applicable, the Secretary may encourage hazard mitigation 

22 in assistance provided pursuant to such subsection.’’. 

23 (b) EMERGENCY MANAGEMENT ASSISTANCE COM24 PACT GRANTS.—Section 661(d) of the Post-Katrina 

25 Emergency Management Reform Act of 2006 (6 U.S.C. 


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1 761(d)) is amended by striking ‘‘for fiscal year 2008’’ and 

2 inserting ‘‘for each of fiscal years 2018 through 2022’’. 

3 (c) EMERGENCY MANAGEMENT PERFORMANCE

4 GRANTS PROGRAM.—Section 662(f) of the Post-Katrina 

5 Emergency Management Reform Act of 2006 (6 U.S.C. 

6 762(f)) is amended by striking ‘‘the program’’ and all that 

7 follows through ‘‘2012’’ and inserting ‘‘the program, for 

8 each of fiscal years 2018 through 2022’’. 

9 (d) TECHNICAL AMENDMENT.—Section 403(a)(3) of 

10 the Robert T. Stafford Disaster Relief and Emergency As11 sistance Act (42 U.S.C. 5170a) is amended by striking 

12 the second subparagraph (J). 

13 SEC. 215. NATIONAL VETERINARY EMERGENCY TEAMS. 

14 (a) IN GENERAL.—The Administrator of the Federal 

15 Emergency Management Agency may establish one or 

16 more national veterinary emergency teams at accredited 

17 colleges of veterinary medicine. 

18 (b) RESPONSIBILITIES.—A national veterinary emer19 gency team shall— 

20 (1) deploy with a team of the National Urban 

21 Search and Rescue Response System to assist 

22 with— 

23 (A) veterinary care of canine search teams; 


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1 (B) locating and treating companion ani2 mals, service animals, livestock, and other ani3 mals; and 

4 (C) surveillance and treatment of zoonotic 

5 diseases; 

6 (2) recruit, train, and certify veterinary profes7 sionals, including veterinary students, in accordance 

8 with an established set of plans and standard oper9 ating guidelines to carry out the duties associated 

10 with planning for and responding to emergencies as 

11 described in paragraph (1); 

12 (3) assist State, Tribal, and local governments 

13 and nonprofit organizations in developing emergency 

14 management and evacuation plans that account for 

15 the care and rescue of animals and in improving 

16 local readiness for providing veterinary medical re17 sponse during a disaster; and 

18 (4) coordinate with the Department of Home19 land Security, the Department of Health and 

20 Human Services, the Department of Agriculture, 

21 State, Tribal, and local governments (including 

22 State departments of animal and human health), 

23 veterinary and health care professionals, and volun24 teers. 


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1 TITLE III—AGENCY MANAGE2 MENT, OVERSIGHT, AND AC3 COUNTABILITY 

4 SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HIS5 TORIC PRESERVATION REVIEW. 

6 (a) REVIEW AND ANALYSIS.—Not later than 180 

7 days after the date of enactment of this Act, the Adminis8 trator of the Federal Emergency Management Agency 

9 shall review the Unified Federal Environmental and His10 toric Preservation review process established pursuant to 

11 section 429 of the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5189g), and submit 

13 a report to the Committee on Transportation and Infra14 structure of the House of Representatives and the Com15 mittee on Homeland Security and Governmental Affairs 

16 of the Senate that includes the following: 

17 (1) An analysis of whether and how the unified 

18 process has expedited the interagency review process 

19 to ensure compliance with the environmental and 

20 historic requirements under Federal law relating to 

21 disaster recovery projects. 

22 (2) A survey and analysis of categorical exclu23 sions used by other Federal agencies that may be 

24 applicable to any activity related to a Presidentially 


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1 declared major disaster or emergency under such 

2 Act. 

3 (3) Recommendations on any further actions, 

4 including any legislative proposals, needed to expe5 dite and streamline the review process. 

6 (b) REGULATIONS.—After completing the review, 

7 survey, and analyses under subsection (a), but not later 

8 than 2 years after the date of enactment of this Act, and 

9 after providing notice and opportunity for public comment, 

10 the Administrator shall issue regulations to implement any 

11 regulatory recommendations, including any categorical ex12 clusions identified under subsection (a), to the extent that 

13 the categorical exclusions meet the criteria for a categor14 ical exclusion under section 1508.4 of title 40, Code of 

15 Federal Regulations, and section II of DHS Instruction 

16 Manual 023–01–001—01. 

17 SEC. 302. CLOSEOUT INCENTIVES. 

18 (a) FACILITATING CLOSEOUT.—Section 705 of the 

19 Robert T. Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5205) is amended by adding at the 

21 end the following: 

22 ‘‘(d) FACILITATING CLOSEOUT.— 

23 ‘‘(1) INCENTIVES.—The Administrator may de24 velop incentives and penalties that encourage State, 

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1 tures and activities on a timely basis related to dis2 aster or emergency assistance. 

3 ‘‘(2) AGENCY REQUIREMENTS.—The Agency 

4 shall, consistent with applicable regulations and re5 quired procedures, meet its responsibilities to im6 prove closeout practices and reduce the time to close 

7 disaster program awards.’’. 

8 (b) REGULATIONS.—The Administrator shall issue 

9 regulations to implement this section. 

10 SEC. 303. PERFORMANCE OF SERVICES. 

11 Section 306 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5149) is 

13 amended by adding at the end the following: 

14 ‘‘(c) The Administrator of the Federal Emergency 

15 Management Agency is authorized to appoint temporary 

16 personnel, after serving continuously for 1 year, to posi17 tions in the Agency in the same manner that competitive 

18 service employees are considered for transfer, reassign19 ment, or promotion to such positions. An individual ap20 pointed under this subsection shall become a career-condi21 tional employee, unless the employee has already com22 pleted the service requirements for career tenure.’’. 


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1 SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE IN2 FORMATION COLLECTION. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Administrator of the Federal Emergency 

5 Management Agency shall— 

6 (1) in coordination with the Small Business Ad7 ministration, the Department of Housing and Urban 

8 Development, and other appropriate agencies, con9 duct a study and develop a plan, consistent with law, 

10 under which the collection of information from dis11 aster assistance applicants and grantees will be 

12 modified, streamlined, expedited, efficient, flexible, 

13 consolidated, and simplified to be less burdensome, 

14 duplicative, and time consuming for applicants and 

15 grantees; and 

16 (2) submit the plan to the Committee on Trans17 portation and Infrastructure of the House of Rep18 resentatives and the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate. 

20 SEC. 305. AGENCY ACCOUNTABILITY. 

21 Title IV of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act is amended by adding at the 

23 end the following: 

24 ‘‘SEC. 430. AGENCY ACCOUNTABILITY. 

25 ‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days 

26 after an award of a public assistance grant is made under 


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1 section 406 that is in excess of $1,000,000, the Adminis2 trator shall publish on the Agency’s website the specifics 

3 of each such grant award, including— 

4 ‘‘(1) identifying the Federal Emergency Man5 agement Agency Region; 

6 ‘‘(2) the disaster or emergency declaration 

7 number; 

8 ‘‘(3) the State, county, and applicant name; 

9 ‘‘(4) if the applicant is a private nonprofit; 

10 ‘‘(5) the damage category code; 

11 ‘‘(6) the amount of the Federal share obligated; 

12 and 

13 ‘‘(7) the date of the award. 

14 ‘‘(b) MISSION ASSIGNMENTS.— 

15 ‘‘(1) IN GENERAL.—Not later than 5 days after 

16 the issuance of a mission assignment or mission as17 signment task order, the Administrator shall publish 

18 on the Agency’s website any mission assignment or 

19 mission assignment task order to another Federal 

20 department or agency regarding a major disaster in 

21 excess of $1,000,000, including— 

22 ‘‘(A) the name of the impacted State or 

23 Tribe; 

24 ‘‘(B) the disaster declaration for such 

25 State or Tribe; 


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1 ‘‘(C) the assigned agency; 

2 ‘‘(D) the assistance requested; 

3 ‘‘(E) a description of the disaster; 

4 ‘‘(F) the total cost estimate; 

5 ‘‘(G) the amount obligated; 

6 ‘‘(H) the State or Tribal cost share, if ap7 plicable; 

8 ‘‘(I) the authority under which the mission 

9 assignment or mission assignment task order 

10 was directed; and 

11 ‘‘(J) if applicable, the date a State or 

12 Tribe requested the mission assignment. 

13 ‘‘(2) RECORDING CHANGES.—Not later than 10 

14 days after the last day of each month until a mission 

15 assignment or mission assignment task order de16 scribed in paragraph (1) is completed and closed 

17 out, the Administrator shall update any changes to 

18 the total cost estimate and the amount obligated. 

19 ‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not 

20 later than 10 days after the first day of each month, the 

21 Administrator shall publish on the Agency’s website re22 ports, including a specific description of the methodology 

23 and the source data used in developing such reports, in24 cluding— 


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1 ‘‘(1) an estimate of the amounts for the fiscal 

2 year covered by the President’s most recent budget 

3 pursuant to section 1105(a) of title 31, United 

4 States Code, including— 

5 ‘‘(A) the unobligated balance of funds to 

6 be carried over from the prior fiscal year to the 

7 budget year; 

8 ‘‘(B) the unobligated balance of funds to 

9 be carried over from the budget year to the 

10 budget year plus 1; 

11 ‘‘(C) the amount of obligations for non-cat12 astrophic events for the budget year; 

13 ‘‘(D) the amount of obligations for the 

14 budget year for catastrophic events delineated 

15 by event and by State; 

16 ‘‘(E) the total amount that has been pre17 viously obligated or will be required for cata18 strophic events delineated by event and by State 

19 for all prior years, the current fiscal year, the 

20 budget year, and each fiscal year thereafter; 

21 ‘‘(F) the amount of previously obligated 

22 funds that will be recovered for the budget 

23 year; 

24 ‘‘(G) the amount that will be required for 

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1 tion 102(1), major disasters, as described in 

2 section 102(2), fire management assistance 

3 grants, as described in section 420, surge ac4 tivities, and disaster readiness and support ac5 tivities; and 

6 ‘‘(H) the amount required for activities not 

7 covered under section 251(b)(2)(D)(iii) of the 

8 Balanced Budget and Emergency Deficit Con9 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); 

10 and 

11 ‘‘(2) an estimate or actual amounts, if available, 

12 of the following for the current fiscal year shall be 

13 submitted not later than the fifth day of each 

14 month, published by the Administrator on the Agen15 cy’s website not later than the fifth day of each 

16 month: 

17 ‘‘(A) A summary of the amount of appro18 priations made available by source, the trans19 fers executed, the previously allocated funds re20 covered, and the commitments, allocations, and 

21 obligations made. 

22 ‘‘(B) A table of disaster relief activity de23 lineated by month, including— 

24 ‘‘(i) the beginning and ending bal25 ances; 


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1 ‘‘(ii) the total obligations to include 

2 amounts obligated for fire assistance, 

3 emergencies, surge, and disaster support 

4 activities; 

5 ‘‘(iii) the obligations for catastrophic 

6 events delineated by event and by State; 

7 and 

8 ‘‘(iv) the amount of previously obli9 gated funds that are recovered. 

10 ‘‘(C) A summary of allocations, obligations, 

11 and expenditures for catastrophic events delin12 eated by event. 

13 ‘‘(D) The cost of the following categories 

14 of spending: 

15 ‘‘(i) Public assistance. 

16 ‘‘(ii) Individual assistance. 

17 ‘‘(iii) Mitigation. 

18 ‘‘(iv) Administrative. 

19 ‘‘(v) Operations. 

20 ‘‘(vi) Any other relevant category (in21 cluding emergency measures and disaster 

22 resources) delineated by disaster. 

23 ‘‘(E) The date on which funds appro24 priated will be exhausted. 

25 ‘‘(d) CONTRACTS.— 


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1 ‘‘(1) INFORMATION.—Not later than 10 days 

2 after the first day of each month, the Administrator 

3 shall publish on the Agency’s website the specifics of 

4 each contract in excess of $1,000,000 that the Agen5 cy enters into, including— 

6 ‘‘(A) the name of the party; 

7 ‘‘(B) the date the contract was awarded; 

8 ‘‘(C) the amount of the contract, the scope 

9 of the contract; 

10 ‘‘(D) if the contract was awarded through 

11 competitive bidding process; 

12 ‘‘(E) if no competitive bidding process was 

13 used, the reason why competitive bidding was 

14 not used; and 

15 ‘‘(F) the authority used to bypass the com16 petitive bidding process. 

17 The information shall be delineated by disaster, if 

18 applicable, and specify the damage category code, if 

19 applicable. 

20 ‘‘(2) REPORT.—Not later than 10 days after 

21 the last day of the fiscal year, the Administrator 

22 shall provide a report to the appropriate committees 

23 of Congress summarizing the following information 

24 for the preceding fiscal year: 


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•HR 4460 IH

1 ‘‘(A) The number of contracts awarded 

2 without competitive bidding. 

3 ‘‘(B) The reasons why a competitive bid4 ding process was not used. 

5 ‘‘(C) The total amount of contracts award6 ed with no competitive bidding. 

7 ‘‘(D) The damage category codes, if appli8 cable, for contracts awarded without competi9 tive bidding.’’. 

10 SEC. 306. AUDIT OF CONTRACTS. 

11 Notwithstanding any other provision of law, the Ad12 ministrator of the Federal Emergency Management Agen13 cy shall not reimburse a State, Tribe, or local government 

14 or the owner or operator of a private nonprofit facility for 

15 any activities made pursuant to a contract entered into 

16 after August 1, 2017, that prohibits the Administrator or 

17 the Comptroller General of the United States from audit18 ing or otherwise reviewing all aspects relating to the con19 tract. 

Æ 


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