H. R. 5441—92
(C) addressing other matters concerning the coopera-
tive effort to provide recovery assistance. 
(c) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report describing 
in detail the National Disaster Recovery Strategy and any 
additional authorities necessary to implement any portion of 
the National Disaster Recovery Strategy. 
(2) UPDATE.—The Administrator shall submit to the appro-
priate committees of Congress a report updating the report 
submitted under paragraph (1)—
(A) on the same date that any change is made to 
the National Disaster Recovery Strategy; and 
(B) on a periodic basis after the submission of the 
report under paragraph (1), but not less than once every 
5 years after the date of the submission of the report 
under paragraph (1). 
SEC. 683. NATIONAL DISASTER HOUSING STRATEGY. 
(a) IN GENERAL.—The Administrator, in coordination with rep-
resentatives of the Federal agencies, governments, and organiza-
tions listed in subsection (b)(2) of this section, the National Advisory 
Council, the National Council on Disability, and other entities at 
the Administrator’s discretion, shall develop, coordinate, and main-
tain a National Disaster Housing Strategy. 
(b) CONTENTS.—The National Disaster Housing Strategy shall—
(1) outline the most efficient and cost effective Federal 
programs that will best meet the short-term and long-term 
housing needs of individuals and households affected by a major 
disaster; 
(2) clearly define the role, programs, authorities, and 
responsibilities of each entity in providing housing assistance 
in the event of a major disaster, including—
(A) the Agency; 
(B) the Department of Housing and Urban Develop-
ment; 
(C) the Department of Agriculture; 
(D) the Department of Veterans Affairs; 
(E) the Department of Health and Human Services; 
(F) the Bureau of Indian Affairs; 
(G) any other Federal agency that may provide housing 
assistance in the event of a major disaster; 
(H) the American Red Cross; and 
(I) State, local, and tribal governments; 
(3) describe in detail the programs that may be offered 
by the entities described in paragraph (2), including—
(A) outlining any funding issues; 
(B) detailing how responsibilities under the National 
Disaster Housing Strategy will be shared; and 
(C) addressing other matters concerning the coopera-
tive effort to provide housing assistance during a major 
disaster; 
(4) consider methods through which housing assistance 
can be provided to individuals and households where employ-
ment and other resources for living are available;
H. R. 5441—93
(5) describe programs directed to meet the needs of special 
needs and low-income populations and ensure that a sufficient 
number of housing units are provided for individuals with 
disabilities; 
(6) describe plans for the operation of clusters of housing 
provided to individuals and households, including access to 
public services, site management, security, and site density; 
(7) describe plans for promoting the repair or rehabilitation 
of existing rental housing, including through lease agreements 
or other means, in order to improve the provision of housing 
to individuals and households under section 408 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174); and 
(8) describe any additional authorities necessary to carry 
out any portion of the strategy. 
(c) GUIDANCE.—The Administrator should develop and make 
publicly available guidance on—
(1) types of housing assistance available under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) to individuals and households affected 
by an emergency or major disaster; 
(2) eligibility for such assistance (including, where appro-
priate, the continuation of such assistance); and 
(3) application procedures for such assistance. 
(d) REPORT.—
(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report describing 
in detail the National Disaster Housing Strategy, including 
programs directed to meeting the needs of special needs popu-
lations. 
(2) UPDATED REPORT.—The Administrator shall submit to 
the appropriate committees of Congress a report updating the 
report submitted under paragraph (1)—
(A) on the same date that any change is made to 
the National Disaster Housing Strategy; and 
(B) on a periodic basis after the submission of the 
report under paragraph (1), but not less than once every 
5 years after the date of the submission of the report 
under paragraph (1). 
SEC. 684. HAZARD MITIGATION GRANT PROGRAM FORMULA. 
The third sentence of section 404(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) 
is amended by striking ‘‘7.5 percent’’ and inserting ‘‘15 percent 
for amounts not more than $2,000,000,000, 10 percent for amounts 
of more than $2,000,000,000 and not more than $10,000,000,000, 
and 7.5 percent on amounts of more than $10,000,000,000 and 
not more than $35,333,000,000’’. 
SEC. 685. HOUSING ASSISTANCE. 
Section 408(c)(4) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) is amended—
(1) by inserting ‘‘or semi-permanent’’ after ‘‘permanent’’; 
and 
(2) by striking ‘‘remote’’.
H. R. 5441—94
SEC. 686. MAXIMUM AMOUNT UNDER INDIVIDUAL ASSISTANCE PRO-
GRAMS. 
Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended—
(1) by striking paragraph (2)(C); and 
(2) in paragraph (3)—
(A) by striking subparagraph (B); and 
(B) by redesignating subparagraph (C) as subpara-
graph (B). 
SEC. 687. COORDINATING OFFICERS. 
Section 302 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5143(b)) is amended by adding 
after subsection (c) the following: 
‘‘(d) Where the area affected by a major disaster or emergency 
includes parts of more than 1 State, the President, at the discretion 
of the President, may appoint a single Federal coordinating officer 
for the entire affected area, and may appoint such deputy Federal 
coordinating officers to assist the Federal coordinating officer as 
the President determines appropriate.’’. 
SEC. 688. DEFINITIONS. 
Section 102 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122) is amended—
(1) by amending paragraph (9) to read as follows: 
‘‘(9) PRIVATE NONPROFIT FACILITY.—
‘‘(A) IN GENERAL.—The term ‘private nonprofit facility’ 
means private nonprofit educational, utility, irrigation, 
emergency, medical, rehabilitational, and temporary or 
permanent custodial care facilities (including those for the 
aged and disabled) and facilities on Indian reservations, 
as defined by the President. 
‘‘(B) ADDITIONAL FACILITIES.—In addition to the facili-
ties described in subparagraph (A), the term ‘private non-
profit facility’ includes any private nonprofit facility that 
provides essential services of a governmental nature to 
the general public (including museums, zoos, performing 
arts facilities, community arts centers, libraries, homeless 
shelters, senior citizen centers, rehabilitation facilities, 
shelter workshops, and facilities that provide health and 
safety services of a governmental nature), as defined by 
the President.’’; 
(2) by redesignating paragraphs (6) through (9) as para-
graphs (7) through (10), respectively; and 
(3) by inserting after paragraph (5) the following: 
‘‘(6) INDIVIDUAL WITH A DISABILITY.—The term ‘individual 
with a disability’ means an individual with a disability as 
defined in section 3(2) of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12102(2)).’’. 
SEC. 689. INDIVIDUALS WITH DISABILITIES. 
(a) GUIDELINES.—Not later than 90 days after the date of 
enactment of this Act, and in coordination with the National 
Advisory Council, the National Council on Disability, the Inter-
agency Coordinating Council on Preparedness and Individuals With 
Disabilities established under Executive Order No. 13347 (6 U.S.C. 
312 note), and the Disability Coordinator (established under section 
513 of the Homeland Security Act of 2002, as added by this Act),
H. R. 5441—95
the Administrator shall develop guidelines to accommodate individ-
uals with disabilities, which shall include guidelines for—
(1) the accessibility of, and communications and programs 
in, shelters, recovery centers, and other facilities; and 
(2) devices used in connection with disaster operations, 
including first aid stations, mass feeding areas, portable 
payphone stations, portable toilets, and temporary housing. 
(b) ESSENTIAL ASSISTANCE.—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 (2), by inserting ‘‘durable medical equip-
ment,’’ after ‘‘medicine’’; and 
(2) in paragraph (3)—
(A) in subparagraph (B), by inserting ‘‘durable medical 
equipment,’’ after ‘‘medicine’’; 
(B) in subparagraph (H), by striking ‘‘and’’ at the end; 
(C) in subparagraph (I), by striking the period and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(J) provision of rescue, care, shelter, and essential 
needs—
‘‘(i) to individuals with household pets and service 
animals; and 
‘‘(ii) to such pets and animals.’’. 
(c) FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.—
Section 408 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174) is amended—
(1) in subsection (b)(1), by inserting ‘‘, or with respect 
to individuals with disabilities, rendered inaccessible or 
uninhabitable,’’ after ‘‘uninhabitable’’; and 
(2) in subsection (d)(1)(A)—
(A) in clause (i), by striking ‘‘and’’ after the semicolon; 
(B) by redesignating clause (ii) as clause (iii); and 
(C) by inserting after clause (i) the following: 
‘‘(ii) meets the physical accessibility requirements 
for individuals with disabilities; and’’. 
SEC. 689a. NONDISCRIMINATION IN DISASTER ASSISTANCE. 
Section 308(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by 
inserting ‘‘disability, English proficiency,’’ after ‘‘age,’’. 
SEC. 689b. REUNIFICATION. 
(a) DEFINITIONS.—In this section: 
(1) CHILD
LOCATOR
CENTER.—The term ‘‘Child Locator 
Center’’ means the National Emergency Child Locator Center 
established under subsection (b). 
(2) DECLARED EVENT.—The term ‘‘declared event’’ means 
a major disaster or emergency. 
(3) DISPLACED ADULT.—The term ‘‘displaced adult’’ means 
an individual 21 years of age or older who is displaced from 
the habitual residence of that individual as a result of a 
declared event. 
(4) DISPLACED CHILD.—The term ‘‘displaced child’’ means 
an individual under 21 years of age who is displaced from 
the habitual residence of that individual as a result of a 
declared event. 
(b) NATIONAL EMERGENCY CHILD LOCATOR CENTER.—
H. R. 5441—96
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator, in coordination 
with the Attorney General of the United States, shall establish 
within the National Center for Missing and Exploited Children 
the National Emergency Child Locator Center. In establishing 
the National Emergency Child Locator Center, the Adminis-
trator shall establish procedures to make all relevant informa-
tion available to the National Emergency Child Locator Center 
in a timely manner to facilitate the expeditious identification 
and reunification of children with their families. 
(2) PURPOSES.—The purposes of the Child Locator Center 
are to—
(A) enable individuals to provide to the Child Locator 
Center the name of and other identifying information about 
a displaced child or a displaced adult who may have 
information about the location of a displaced child; 
(B) enable individuals to receive information about 
other sources of information about displaced children and 
displaced adults; and 
(C) assist law enforcement in locating displaced chil-
dren. 
(3) RESPONSIBILITIES AND DUTIES.—The responsibilities and 
duties of the Child Locator Center are to—
(A) establish a toll-free telephone number to receive 
reports of displaced children and information about dis-
placed adults that may assist in locating displaced children; 
(B) create a website to provide information about dis-
placed children; 
(C) deploy its staff to the location of a declared event 
to gather information about displaced children; 
(D) assist in the reunification of displaced children 
with their families; 
(E) provide information to the public about additional 
resources for disaster assistance; 
(F) work in partnership with Federal, State, and local 
law enforcement agencies; 
(G) provide technical assistance in locating displaced 
children; 
(H) share information on displaced children and dis-
placed adults with governmental agencies and nongovern-
mental organizations providing disaster assistance; 
(I) use its resources to gather information about dis-
placed children; 
(J) refer reports of displaced adults to—
(i) an entity designated by the Attorney General 
to provide technical assistance in locating displaced 
adults; and 
(ii) the National Emergency Family Registry and 
Locator System as defined under section 689c(a); 
(K) enter into cooperative agreements with Federal 
and State agencies and other organizations such as the 
American Red Cross as necessary to implement the mission 
of the Child Locator Center; and 
(L) develop an emergency response plan to prepare 
for the activation of the Child Locator Center. 
(c) CONFORMING AMENDMENTS.—Section 403(1) of the Missing 
Children’s Assistance Act (42 U.S.C. 5772(1)) is amended—
H. R. 5441—97
(1) in subparagraph (A), by striking ‘‘or’’ at the end; 
(2) in subparagraph (B), by adding ‘‘or’’ after the semicolon; 
and 
(3) by inserting after subparagraph (B) the following: 
‘‘(C) the individual is an individual under 21 years 
of age who is displaced from the habitual residence of 
that individual as a result of an emergency or major dis-
aster (as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)).’’. 
(d) REPORT.—Not later than 270 days after the date of enact-
ment of this Act, the Administrator shall submit to the Committee 
on Homeland Security and Governmental Affairs and the Com-
mittee on the Judiciary of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on the 
Judiciary of the House of Representatives a report describing in 
detail the status of the Child Locator Center, including funding 
issues and any difficulties or issues in establishing the Center 
or completing the cooperative agreements described in subsection 
(b)(3)(K). 
SEC. 689c. NATIONAL EMERGENCY FAMILY REGISTRY AND LOCATOR 
SYSTEM. 
(a) DEFINITIONS.—In this section—
(1) the term ‘‘displaced individual’’ means an individual 
displaced by an emergency or major disaster; and 
(2) the term ‘‘National Emergency Family Registry and 
Locator System’’ means the National Emergency Family Reg-
istry and Locator System established under subsection (b). 
(b) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall establish a 
National Emergency Family Registry and Locator System to help 
reunify families separated after an emergency or major disaster. 
(c) OPERATION OF SYSTEM.—The National Emergency Family 
Registry and Locator System shall—
(1) allow a displaced adult (including medical patients) 
to voluntarily register (and allow an adult that is the parent 
or guardian of a displaced child to register such child), by 
submitting personal information to be entered into a database 
(such as the name, current location of residence, and any other 
relevant information that could be used by others seeking to 
locate that individual); 
(2) ensure that information submitted under paragraph 
(1) is accessible to those individuals named by a displaced 
individual and to those law enforcement officials; 
(3) be accessible through the Internet and through a toll-
free number, to receive reports of displaced individuals; and 
(4) include a means of referring displaced children to the 
National Emergency Child Locator Center established under 
section 689b. 
(d) PUBLICATION OF INFORMATION.—Not later than 210 days 
after the date of enactment of this Act, the Administrator shall 
establish a mechanism to inform the public about the National 
Emergency Family Registry and Locator System and its potential 
usefulness for assisting to reunite displaced individuals with their 
families.
H. R. 5441—98
(e) COORDINATION.—Not later than 90 days after the date of 
enactment of this Act, the Administrator shall enter a memorandum 
of understanding with the Department of Justice, the National 
Center for Missing and Exploited Children, the Department of 
Health and Human Services, and the American Red Cross and 
other relevant private organizations that will enhance the sharing 
of information to facilitate reuniting displaced individuals (including 
medical patients) with their families. 
(f) REPORT.—Not later than 270 days after the date of enact-
ment of this Act, the Administrator shall submit to the appropriate 
committees of Congress a report describing in detail the status 
of the National Emergency Family Registry and Locator System, 
including any difficulties or issues in establishing the System, 
including funding issues. 
SEC. 689d. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 
Section 408(c)(1)(A) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)) is 
amended—
(1) in clause (i), by adding at the end the following: ‘‘Such 
assistance may include the payment of the cost of utilities, 
excluding telephone service.’’; and 
(2) in clause (ii), by inserting ‘‘security deposits,’’ after 
‘‘hookups,’’. 
SEC. 689e. DISASTER RELATED INFORMATION SERVICES. 
Subtitle A of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5195 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 616. DISASTER RELATED INFORMATION SERVICES. 
‘‘(a) IN GENERAL.—Consistent with section 308(a), the Director 
of Federal Emergency Management Agency shall—
‘‘(1) identify, in coordination with State and local govern-
ments, population groups with limited English proficiency and 
take into account such groups in planning for an emergency 
or major disaster; 
‘‘(2) ensure that information made available to individuals 
affected by a major disaster or emergency is made available 
in formats that can be understood by—
‘‘(A) population groups identified under paragraph (1); 
and 
‘‘(B) individuals with disabilities or other special needs; 
and 
‘‘(3) develop and maintain an informational clearinghouse 
of model language assistance programs and best practices for 
State and local governments in providing services related to 
a major disaster or emergency. 
‘‘(b) GROUP SIZE.—For purposes of subsection (a), the Director 
of Federal Emergency Management Agency shall define the size 
of a population group.’’. 
SEC. 689f. TRANSPORTATION ASSISTANCE AND CASE MANAGEMENT 
SERVICES TO INDIVIDUALS AND HOUSEHOLDS. 
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:
H. R. 5441—99
‘‘SEC. 425. TRANSPORTATION ASSISTANCE TO INDIVIDUALS AND 
HOUSEHOLDS. 
‘‘The President may provide transportation assistance to 
relocate individuals displaced from their predisaster primary resi-
dences as a result of an incident declared under this Act or other-
wise transported from their predisaster primary residences under 
section 403(a)(3) or 502, to and from alternative locations for short 
or long-term accommodation or to return an individual or household 
to their predisaster primary residence or alternative location, as 
determined necessary by the President. 
‘‘SEC. 426. CASE MANAGEMENT SERVICES. 
‘‘The President may provide case management services, 
including financial assistance, to State or local government agencies 
or qualified private organizations to provide such services, to victims 
of major disasters to identify and address unmet needs.’’. 
SEC. 689g. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. 
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (15 U.S.C. 5141 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 326. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. 
‘‘(a) IN GENERAL.—The President shall designate in the Federal 
Emergency Management Agency a Small State and Rural Advocate. 
‘‘(b) RESPONSIBILITIES.—The Small State and Rural Advocate 
shall be an advocate for the fair treatment of small States and 
rural communities in the provision of assistance under this Act. 
‘‘(c) DUTIES.—The Small State and Rural Advocate shall—
‘‘(1) participate in the disaster declaration process under 
section 401 and the emergency declaration process under sec-
tion 501, to ensure that the needs of rural communities are 
being addressed; 
‘‘(2) assist small population States in the preparation of 
requests for major disaster or emergency declarations; and 
‘‘(3) conduct such other activities as the Director of the 
Federal Emergency Management Agency considers appro-
priate.’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report detailing the extent 
to which disaster declaration regulations—
(1) meet the particular needs of States with populations 
of less than 1,500,000 individuals; and 
(2) comply with statutory restrictions on the use of arith-
metic formulas and sliding scales based on income or popu-
lation. 
(c) STATUTORY CONSTRUCTION.—Nothing in this section or the 
amendments made by this section shall be construed to authorize 
major disaster or emergency assistance that is not authorized as 
of the date of enactment of this Act. 
SEC. 689h. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED 
PRIVATE NONPROFIT EDUCATIONAL FACILITIES. 
Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5172(a)(3)(B)) is amended 
by inserting ‘‘education,’’ after ‘‘communications,’’.
H. R. 5441—100
SEC. 689i. INDIVIDUALS AND HOUSEHOLDS PILOT PROGRAM. 
(a) PILOT PROGRAM.—
(1) IN
GENERAL.—The President, acting through the 
Administrator, in coordination with State, local, and tribal 
governments, shall establish and conduct a pilot program. The 
pilot program shall be designed to make better use of existing 
rental housing, located in areas covered by a major disaster 
declaration, in order to provide timely and cost-effective tem-
porary housing assistance to individuals and households eligible 
for assistance under section 408 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
where alternative housing options are less available or less 
cost-effective. 
(2) ADMINISTRATION.—
(A) IN GENERAL.—For the purposes of the pilot program 
under this section, the Administrator may—
(i) enter into lease agreements with owners of 
multi-family rental property located in areas covered 
by a major disaster declaration to house individuals 
and households eligible for assistance under section 
408 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5174); 
(ii) make improvements to properties under such 
lease agreements; 
(iii) use the pilot program where the program is 
cost effective in that the cost to the Government for 
the lease agreements is in proportion to the savings 
to the Government by not providing alternative 
housing; and 
(iv) limit repairs to those required to ensure that 
the housing units shall meet Federal housing quality 
standards. 
(B) IMPROVEMENTS TO LEASED PROPERTIES.—Under the 
terms of any lease agreement for a property described 
under subparagraph (A)(ii), the value of the contribution 
of the Agency to such improvements—
(i) shall be deducted from the value of the lease 
agreement; and 
(ii) may not exceed the value of the lease agree-
ment. 
(3) CONSULTATION.—In administering the pilot program 
under this section, the Administrator may consult with State, 
local, and tribal governments. 
(4) REPORT.—
(A) IN GENERAL.—Not later than March 31, 2009, the 
Administrator shall submit to the appropriate committees 
of Congress a report regarding the effectiveness of the 
pilot program. 
(B) CONTENTS.—The Administrator shall include in the 
report—
(i) an assessment of the effectiveness of the pilot 
program under this section, including an assessment 
of cost-savings to the Federal Government and any 
benefits to individuals and households eligible for 
assistance under section 408 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174) under the pilot program;
H. R. 5441—101
(ii) findings and conclusions of the Administrator 
with respect to the pilot program; 
(iii) an assessment of additional authorities needed 
to aid the Agency in its mission of providing disaster 
housing assistance to individuals and households 
eligible for assistance under section 408 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5174), either under the pilot program 
under this section or other potential housing programs; 
and 
(iv) any recommendations of the Administrator for 
additional authority to continue or make permanent 
the pilot program. 
(b) PILOT PROGRAM PROJECT APPROVAL.—The Administrator 
shall not approve a project under the pilot program after December 
31, 2008. 
SEC. 689j. PUBLIC ASSISTANCE PILOT PROGRAM. 
(a) PILOT PROGRAM.—
(1) IN
GENERAL.—The President, acting through the 
Administrator, and in coordination with State and local govern-
ments, shall establish and conduct a pilot program to—
(A) reduce the costs to the Federal Government of 
providing assistance to States and local governments under 
sections 403(a)(3)(A), 406, and 407 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
1570b(a)(3), 5172, 5172); 
(B) increase flexibility in the administration of sections 
403(a)(3)(A), 406, and 407 of that Act; and 
(C) expedite the provision of assistance to States and 
local governments provided under sections 403(a)(3)(A), 
406, and 407 of that Act. 
(2) PARTICIPATION.—Only States and local governments 
that elect to participate in the pilot program may participate 
in the pilot program for a particular project. 
(3) INNOVATIVE ADMINISTRATION.—
(A) IN GENERAL.—For purposes of the pilot program, 
the Administrator shall establish new procedures to admin-
ister assistance provided under the sections referred to 
in paragraph (1). 
(B) NEW
PROCEDURES.—The new procedures estab-
lished under subparagraph (A) may include 1 or more 
of the following: 
(i) Notwithstanding section 406(c)(1)(A) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 1571(c)(1)(A)), providing an 
option for a State or local government to elect to receive 
an in-lieu contribution in an amount equal to 90 per-
cent of the Federal share of the Federal estimate of 
the cost of repair, restoration, reconstruction, or 
replacement of a public facility owned or controlled 
by the State or local government and of management 
expenses. 
(ii) Making grants on the basis of estimates agreed 
to by the local government (or where no local govern-
ment is involved, by the State government) and the
H. R. 5441—102
Administrator to provide financial incentives and dis-
incentives for the local government (or where no local 
government is involved, for the State government) for 
the timely or cost effective completion of projects under 
sections 403(a)(3)(A), 406, and 407 of that Act. 
(iii) Increasing the Federal share for removal of 
debris and wreckage for States and local governments 
that have a debris management plan approved by the 
Administrator and have pre-qualified 1 or more debris 
and wreckage removal contractors before the date of 
declaration of the major disaster. 
(iv) Using a sliding scale for the Federal share 
for removal of debris and wreckage based on the time 
it takes to complete debris and wreckage removal. 
(v) Using a financial incentive to recycle debris. 
(vi) Reimbursing base wages for employees and 
extra hires of a State or local government involved 
in or administering debris and wreckage removal. 
(4) WAIVER.—The Administrator may waive such regula-
tions or rules applicable to the provisions of assistance under 
the sections referred to in paragraph (1) as the Administrator 
determines are necessary to carry out the pilot program under 
this section. 
(b) REPORT.—
(1) IN
GENERAL.—Not later than March 31, 2009, the 
Administrator shall submit to the appropriate committees of 
Congress a report regarding the effectiveness of the pilot pro-
gram under this section. 
(2) CONTENTS.—The report submitted under paragraph (1) 
shall include—
(A) an assessment by the Administrator of any 
administrative or financial benefits of the pilot program; 
(B) an assessment by the Administrator of the effect, 
including any savings in time and cost, of the pilot program; 
(C) any identified legal or other obstacles to increasing 
the amount of debris recycled after a major disaster; 
(D) any other findings and conclusions of the Adminis-
trator with respect to the pilot program; and 
(E) any recommendations of the Administrator for addi-
tional authority to continue or make permanent the pilot 
program. 
(c) DEADLINE
FOR
INITIATION
OF
IMPLEMENTATION.—The 
Administrator shall initiate implementation of the pilot program 
under this section not later than 90 days after the date of enactment 
of this Act. 
(d) PILOT PROGRAM PROJECT DURATION.—The Administrator 
may not approve a project under the pilot program under this 
section after December 31, 2008. 
SEC. 689k. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS. 
(a) IN GENERAL.—Notwithstanding section 408(d)(2)(B) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5174(d)(2)(B)), if the Administrator authorizes the dis-
posal of an unused temporary housing unit that is owned by the 
Agency on the date of enactment of this Act and is not used 
to house individuals or households under section 408 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
H. R. 5441—103
5174) after that date, such unit shall be disposed of under sub-
chapter III of chapter 5 of subtitle I of title 40, United States 
Code. 
(b) TRIBAL GOVERNMENTS.—Housing units described in sub-
section (a) shall be disposed of in coordination with the Department 
of the Interior or other appropriate agencies in order to transfer 
such units to tribal governments if appropriate. 
Subtitle F—Prevention of Fraud, Waste, 
and Abuse 
SEC. 691. ADVANCE CONTRACTING. 
(a) INITIAL REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit a 
report under paragraph (2) identifying—
(A) recurring disaster response requirements, including 
specific goods and services, for which the Agency is capable 
of contracting for in advance of a natural disaster or act 
of terrorism or other man-made disaster in a cost effective 
manner; 
(B) recurring disaster response requirements, including 
specific goods and services, for which the Agency can not 
contract in advance of a natural disaster or act of terrorism 
or other man-made disaster in a cost effective manner; 
and 
(C) a contracting strategy that maximizes the use of 
advance contracts to the extent practical and cost-effective. 
(2) SUBMISSION.—The report under paragraph (1) shall be 
submitted to the appropriate committees of Congress. 
(b) ENTERING INTO CONTRACTS.—
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall enter into 
1 or more contracts for each type of goods or services identified 
under subsection (a)(1)(A), and in accordance with the con-
tracting strategy identified in subsection (a)(1)(C). Any contract 
for goods or services identified in subsection (a)(1)(A) previously 
awarded may be maintained in fulfilling this requirement. 
(2) CONSIDERED FACTORS.—Before entering into any con-
tract under this subsection, the Administrator shall consider 
section 307 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5150), as amended by this 
Act. 
(3) PRENEGOTIATED FEDERAL CONTRACTS FOR GOODS AND 
SERVICES.—The Administrator, in coordination with State and 
local governments and other Federal agencies, shall establish 
a process to ensure that Federal prenegotiated contracts for 
goods and services are coordinated with State and local govern-
ments, as appropriate. 
(4) PRENEGOTIATED
STATE
AND
LOCAL
CONTRACTS
FOR 
GOODS
AND
SERVICES.—The Administrator shall encourage 
State and local governments to establish prenegotiated con-
tracts with vendors for goods and services in advance of natural 
disasters and acts of terrorism or other man-made disasters. 
(c) MAINTENANCE
OF CONTRACTS.—After the date described 
under subsection (b), the Administrator shall have the responsibility
H. R. 5441—104
to maintain contracts for appropriate levels of goods and services 
in accordance with subsection (a)(1)(C). 
(d) REPORT ON CONTRACTS NOT USING COMPETITIVE PROCE-
DURES.—At the end of each fiscal quarter, beginning with the first 
fiscal quarter occurring at least 90 days after the date of enactment 
of this Act, the Administrator shall submit a report on each disaster 
assistance contract entered into by the Agency by other than 
competitive procedures to the appropriate committees of Congress. 
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 
(a) REGULATIONS.—The Secretary shall promulgate regulations 
applicable to contracts described in subsection (c) to minimize the 
excessive use by contractors of subcontractors or tiers of subcontrac-
tors to perform the principal work of the contract. 
(b) SPECIFIC REQUIREMENT.—At a minimum, the regulations 
promulgated under subsection (a) shall preclude a contractor from 
using subcontracts for more than 65 percent of the cost of the 
contract or the cost of any individual task or delivery order (not 
including overhead and profit), unless the Secretary determines 
that such requirement is not feasible or practicable. 
(c) COVERED CONTRACTS.—This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)) entered into by the Department to facilitate response to or 
recovery from a natural disaster or act of terrorism or other man-
made disaster. 
SEC. 693. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER 
EXPENDITURES. 
(a) AUTHORITY OF ADMINISTRATOR TO DESIGNATE FUNDS FOR 
OVERSIGHT ACTIVITIES.—The Administrator may designate up to 
1 percent of the total amount provided to a Federal agency for 
a mission assignment as oversight funds to be used by the recipient 
agency for performing oversight of activities carried out under the 
Agency reimbursable mission assignment process. Such funds shall 
remain available until expended. 
(b) USE OF FUNDS.—
(1) TYPES OF OVERSIGHT ACTIVITIES.—Oversight funds may 
be used for the following types of oversight activities related 
to Agency mission assignments: 
(A) Monitoring, tracking, and auditing expenditures 
of funds. 
(B) Ensuring that sufficient management and internal 
control mechanisms are available so that Agency funds 
are spent appropriately and in accordance with all 
applicable laws and regulations. 
(C) Reviewing selected contracts and other activities. 
(D) Investigating allegations of fraud involving Agency 
funds. 
(E) Conducting and participating in fraud prevention 
activities with other Federal, State, and local government 
personnel and contractors. 
(2) PLANS AND REPORTS.—Oversight funds may be used 
to issue the plans required under subsection (e) and the reports 
required under subsection (f). 
(c) RESTRICTION ON USE OF FUNDS.—Oversight funds may not 
be used to finance existing agency oversight responsibilities related
H. R. 5441—105
to direct agency appropriations used for disaster response, relief, 
and recovery activities. 
(d) METHODS OF OVERSIGHT ACTIVITIES.—
(1) IN GENERAL.—Oversight activities may be carried out 
by an agency under this section either directly or by contract. 
Such activities may include evaluations and financial and 
performance audits. 
(2) COORDINATION OF OVERSIGHT ACTIVITIES.—To the extent 
practicable, evaluations and audits under this section shall 
be performed by the inspector general of the agency. 
(e) DEVELOPMENT OF OVERSIGHT PLANS.—
(1) IN
GENERAL.—If an agency receives oversight funds 
for a fiscal year, the head of the agency shall prepare a plan 
describing the oversight activities for disaster response, relief, 
and recovery anticipated to be undertaken during the subse-
quent fiscal year. 
(2) SELECTION OF OVERSIGHT ACTIVITIES.—In preparing the 
plan, the head of the agency shall select oversight activities 
based upon a risk assessment of those areas that present the 
greatest risk of fraud, waste, and abuse. 
(3) SCHEDULE.—The plan shall include a schedule for con-
ducting oversight activities, including anticipated dates of 
completion. 
(f) FEDERAL DISASTER ASSISTANCE ACCOUNTABILITY REPORTS.—
A Federal agency receiving oversight funds under this section shall 
submit annually to the Administrator and the appropriate commit-
tees of Congress a consolidated report regarding the use of such 
funds, including information summarizing oversight activities and 
the results achieved. 
(g) DEFINITION.—In this section, the term ‘‘oversight funds’’ 
means funds referred to in subsection (a) that are designated for 
use in performing oversight activities. 
SEC. 694. USE OF LOCAL FIRMS AND INDIVIDUALS. 
The Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) is amended by striking section 
307 and inserting the following: 
‘‘SEC. 307. USE OF LOCAL FIRMS AND INDIVIDUALS. 
‘‘(a) CONTRACTS
OR AGREEMENTS WITH PRIVATE ENTITIES.—
‘‘(1) IN GENERAL.—In the expenditure of Federal funds for 
debris clearance, distribution of supplies, reconstruction, and 
other major disaster or emergency assistance activities which 
may be carried out by contract or agreement with private 
organizations, firms, or individuals, preference shall be given, 
to the extent feasible and practicable, to those organizations, 
firms, and individuals residing or doing business primarily 
in the area affected by such major disaster or emergency. 
‘‘(2) CONSTRUCTION.—This subsection shall not be consid-
ered to restrict the use of Department of Defense resources 
under this Act in the provision of assistance in a major disaster. 
‘‘(3) SPECIFIC GEOGRAPHIC AREA.—In carrying out this sec-
tion, a contract or agreement may be set aside for award 
based on a specific geographic area. 
‘‘(b) IMPLEMENTATION.—
‘‘(1) CONTRACTS NOT TO ENTITIES IN AREA.—Any expendi-
ture of Federal funds for debris clearance, distribution of sup-
plies, reconstruction, and other major disaster or emergency