IIB 

116TH CONGRESS 

2D SESSION H. R. 8266 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2020 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To modify the Federal cost share of certain emergency assistance provided under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act, to modify the activities eligible for assistance under the emergency declaration issued by the President on March 13, 2020, 

relating to COVID–19, and for other purposes. 


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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. 

4 This Act may be cited as the ‘‘FEMA Assistance Re5 lief Act of 2020’’. 

6 SEC. 2. COST SHARE. 

7 (a) TEMPORARY FEDERAL SHARE.—Notwith8 standing sections 403(b), 403(c)(4), 404(a), 406(b), 

9 408(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), for any emergency or major dis12 aster declared by the President under such Act during the 

13 period beginning on January 1, 2020 and ending on De14 cember 31, 2020, the Federal share of assistance provided 

15 under such sections shall be not less than 90 percent of 

16 the eligible cost of such assistance. 

17 (b) COST SHARE UNDER COVID EMERGENCY DEC18 LARATION.—Notwithstanding subsection (a), assistance 

19 provided under the emergency declaration issued by the 

20 President on March 13, 2020, pursuant to section 501(b) 

21 of the Robert T. Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5191(b)), and under any subse23 quent major disaster declaration under section 401 of such 

24 Act (42 U.S.C. 5170) that supersedes such emergency 

25 declaration, shall be at a 100 percent Federal cost share. 


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1 (c) APPLICABILITY.—This section shall apply to 

2 funds appropriated on or after the date of enactment of 

3 this Act. 

4 SEC. 3. CLARIFICATION OF ASSISTANCE. 

5 (a) IN GENERAL.—For the emergency declared on 

6 March 13, 2020 by the President under section 501 of 

7 the Robert T. Stafford Disaster Relief and Emergency As8 sistance Act (42 U.S.C. 5191), the President may provide 

9 assistance for activities, costs, and purchases of States, 

10 Indian tribal governments, or local governments, includ11 ing— 

12 (1) activities eligible for assistance under sec13 tions 301, 415, 416, and 426 of the Robert T. Staf14 ford Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5141, 5182, 5183, 5189d); 

16 (2) backfill costs for first responders and other 

17 essential employees who are ill or quarantined; 

18 (3) increased operating costs for essential gov19 ernment services due to such emergency, including 

20 costs for implementing continuity plans, and shel21 tering or housing for first responders, emergency 

22 managers, health providers and other essential em23 ployees; 

24 (4) costs of providing guidance and information 

25 to the public and for call centers to disseminate such 


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1 guidance and information, including private non2 profit organizations; 

3 (5) costs associated with establishing and oper4 ating virtual services; 

5 (6) costs for establishing and operating remote 

6 test sites, including comprehensive community based 

7 testing; 

8 (7) training provided specifically in anticipation 

9 of or in response to the event on which such emer10 gency declaration is predicated; 

11 (8) personal protective equipment and other 

12 critical supplies and services for first responders and 

13 other essential employees, including individuals 

14 working in public schools, courthouses, law enforce15 ment, and public transit systems; 

16 (9) medical equipment, regardless of whether 

17 such equipment is used for emergency or inpatient 

18 care; 

19 (10) public health costs, including provision and 

20 distribution of medicine and medical supplies; 

21 (11) costs associated with maintaining alternate 

22 care facilities or related facilities currently inactive 

23 but related to future needs tied to the ongoing pan24 demic event; 


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1 (12) costs of establishing and operating shelters 

2 and providing services, including transportation, that 

3 help alleviate the need of individuals for shelter; and 

4 (13) costs, including costs incurred by private 

5 nonprofit organizations, of procuring and distrib6 uting food to individuals affected by the pandemic 

7 through networks established by State, local, or 

8 Tribal governments, or other organizations, includ9 ing restaurants and farms, and for the purchase of 

10 food directly from food producers and farmers. 

11 (b) APPLICATION TO SUBSEQUENT MAJOR DIS12 ASTER.—The activities described in subsection (a) may 

13 also be eligible for assistance under any major disaster de14 clared by the President under section 401 of such Act (42 

15 U.S.C. 5170) that supersedes the emergency declaration 

16 described in such subsection. 

17 (c) FINANCIAL ASSISTANCE FOR FUNERAL EX18 PENSES.—For any emergency or major disaster described 

19 in subsection (a) or (b) and subject to the availability of 

20 appropriations, the President shall provide financial as21 sistance to an individual or household to meet disaster22 related funeral expenses under section 408(e)(1) of such 

23 Act (42 U.S.C. 5174(e)). 

24 (d) ADVANCED ASSISTANCE.— 


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1 (1) IN GENERAL.—In order to facilitate activities 

2 under this section, the President, acting through the Ad3 ministrator of the Federal Emergency Management Agen4 cy, may provide assistance in advance to an eligible appli5 cant if a failure to do so would prevent the applicant from 

6 carrying out such activities. 

7 (2) ANNUAL REPORT.—The Administrator shall sub8 mit to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Committee 

10 on Homeland Security and Governmental Affairs a report 

11 on assistance provided in advance pursuant to paragraph 

12 (1). 

13 (3) AUDIT BY DEPARTMENT OF HOMELAND SECU14 RITY INSPECTOR GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Inspector General 

16 of the Department of Homeland Security shall conduct a 

17 follow-up review of assistance provided in advance pursu18 ant to paragraph (1). 

19 (4) REVIEW.—The audit under paragraph (2) shall 

20 include, at a minimum— 

21 (A) a review of the assumptions and methodolo22 gies used to determine eligibility for advanced assist23 ance; and 

24 (B) a determination of whether the advanced 

25 assistance was used appropriately. 


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1 (5) REPORT TO CONGRESS.—The Inspector General 

2 shall submit to the Committee on Transportation and In3 frastructure of the House of Representatives and the Com4 mittee on Homeland Security and Governmental Affairs 

5 of the Senate a report on the results of the review carried 

6 out under this subsection. 

7 (e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to make ineligible any assistance 

9 that would otherwise be eligible under section 403, 408, 

10 or 502 of such Act (42 U.S.C. 5170b, 5192). 

11 (f) STATE; INDIAN TRIBAL GOVERNMENT; LOCAL

12 GOVERNMENT DEFINED.—In this section, the terms 

13 ‘‘State’’, ‘‘Indian tribal government’’, and ‘‘local govern14 ment’’ have the meanings given such terms in section 102 

15 of the Robert T. Stafford Disaster Relief and Emergency 

16 Assistance Act (42 U.S.C. 5122). 

17 (g) APPLICABILITY.—This section shall apply to 

18 funds appropriated on or after the date of enactment of 

19 this Act. 

20 SEC. 4. REPORT ON STAFFORD ACT RESPONSE CAPABILI21 TIES. 

22 Not later than 60 days after the date of enactment 

23 of this Act, the Administrator of the Federal Emergency 

24 Management Agency shall seek to enter into an agreement 

25 with the National Academy of Sciences to convene a comVerDate Sep 11 2014 18:21 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8266.RFS H8266

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1 mittee of experts to conduct a comprehensive study on the 

2 use of the Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5121 et seq.) to respond 

4 to an emergency which does not cause physical damages, 

5 such as the emergency declaration issued by the President 

6 on March 13, 2020, including— 

7 (1) how non-physical damages can be quan8 tified; 

9 (2) consideration of any factors that allow for 

10 an adjustment of cost shares; 

11 (3) recommendations to Congress on thresholds 

12 or criteria to be met to trigger a future declaration; 

13 and 

14 (4) other items that the Administrator deter15 mines necessary to increase future preparedness to 

16 such events. 

17 SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND 

18 HOUSEHOLDS. 

19 Section 408(f)(3)(J)(iii) of the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act (42 U.S.C. 


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1 5174(f)(3)(J)(iii)) is amended by striking ‘‘2 years’’ and 

2 inserting ‘‘3 years’’. 

Passed the House of Representatives November 17, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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