HR 152 RDS 
private nonprofit facility to elect to receive an 
in-lieu contribution, without reduction, on the 
basis of estimates of— 
‘‘(i) the cost of repair, restoration, re-
construction, or replacement of a public fa-
cility owned or controlled by the State, 
tribal or local government or owner or op-
erator of a private nonprofit facility; and 
‘‘(ii) management expenses; 
‘‘(C) consolidating, to the extent deter-
mined appropriate by the Administrator, the fa-
cilities of a State, tribal or local government, or 
owner or operator of a private nonprofit facility 
as a single project based upon the estimates 
adopted under the procedures; 
‘‘(D) if the actual costs of a project com-
pleted under the procedures are less than the 
estimated costs thereof, the Administrator may 
permit a grantee or subgrantee to use all or 
part of the excess funds for— 
‘‘(i) cost-effective activities that re-
duce the risk of future damage, hardship, 
or suffering from a major disaster; and 
‘‘(ii) other activities to improve future 
Public Assistance operations or planning; 
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‘‘(E) in determining eligible costs under 
section 406, the Administrator shall make avail-
able, at an applicant’s request and where the 
Administrator or the certified cost estimate pre-
pared by the applicant’s professionally licensed 
engineers has estimated an eligible Federal 
share for a project of at least $5,000,000, an 
independent expert panel to validate the esti-
mated eligible cost consistent with applicable 
regulations and policies implementing this sec-
tion; and 
‘‘(F) in determining eligible costs under 
section 406, the Administrator shall, at the ap-
plicant’s request, consider properly conducted 
and certified cost estimates prepared by profes-
sionally licensed engineers (mutually agreed 
upon by the Administrator and the applicant), 
to the extent that such estimates comply with 
applicable regulations, policy, and guidance. 
‘‘(2) 
For 
debris 
removal 
under 
sections 
403(a)(3)(A), 407, and 502(a)(5)— 
‘‘(A) making grants on the basis of fixed 
estimates to provide financial incentives and 
disincentives for the timely or cost-effective 
completion if the State, tribal or local govern-
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ment, or owner or operator of the private non-
profit facility agrees to be responsible to pay for 
any actual costs that exceed the estimate; 
‘‘(B) using a sliding scale for determining 
the Federal share for removal of debris and 
wreckage based on the time it takes to complete 
debris and wreckage removal; 
‘‘(C) allowing use of program income from 
recycled debris without offset to the grant 
amount; 
‘‘(D) reimbursing base and overtime wages 
for employees and extra hires of a State, tribal 
or local government, or owner or operator of a 
private nonprofit facility performing or admin-
istering debris and wreckage removal; 
‘‘(E) providing incentives to a State or 
tribal or local government to have a debris 
management plan approved by the Adminis-
trator and have pre-qualified 1 or more debris 
and wreckage removal contractors before the 
date of declaration of the major disaster; and 
‘‘(F) if the actual costs of projects under 
subparagraph (A) are less than the estimated 
costs of the project, the Administrator may per-
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mit a grantee or subgrantee to use all or part 
of the excess funds for— 
‘‘(i) debris management planning; 
‘‘(ii) acquisition of debris management 
equipment for current or future use; and 
‘‘(iii) other activities to improve future 
debris removal operations, as determined 
by the Administrator. 
‘‘(f) WAIVER AUTHORITY.—Until such time as the 
Administrator promulgates regulations to implement this 
section, the Administrator may— 
‘‘(1) waive notice and comment rulemaking, if 
the Administrator determines the waiver is necessary 
to expeditiously implement this section; and 
‘‘(2) carry out the alternative procedures under 
this section as a pilot program. 
‘‘(g) OVERTIME PAYMENTS.—The guidelines for re-
imbursement for costs under subsection (e)(2)(D) shall 
ensure that no State or local government is denied reim-
bursement for overtime payments that are required pursu-
ant to the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.). 
‘‘(h) REPORT.— 
‘‘(1) IN GENERAL.—Not earlier than 3 years, 
and not later than 5 years, after the date of enact-
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ment of this section, the Inspector General of the 
Department of Homeland Security shall submit to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the alternative proce-
dures for the repair, restoration, and replacement of 
damaged facilities under section 406 authorized 
under this section. 
‘‘(2) CONTENTS.—The report shall contain an 
assessment of the effectiveness of the alternative 
procedures, including— 
‘‘(A) whether the alternative procedures 
helped to improve the general speed of disaster 
recovery; 
‘‘(B) the accuracy of the estimates relied 
upon; 
‘‘(C) whether the financial incentives and 
disincentives were effective; 
‘‘(D) whether the alternative procedures 
were cost effective; 
‘‘(E) whether the independent expert panel 
described in subsection (e)(1)(E) was effective; 
and 
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‘‘(F) recommendations for whether the al-
ternative procedures should be continued and 
any recommendations for changes to the alter-
native procedures.’’. 
SEC. 1103. FEDERAL ASSISTANCE TO INDIVIDUALS AND 
HOUSEHOLDS. 
Section 408(c)(1)(B) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5174(c)(1)(B)) is amended— 
(1) by redesignating clauses (ii) and (iii) as 
clauses (iii) and (iv), respectively; 
(2) by inserting after clause (i) the following: 
‘‘(ii) LEASE AND REPAIR OF RENTAL 
UNITS FOR TEMPORARY HOUSING.— 
‘‘(I) IN
GENERAL.—The Presi-
dent, to the extent the President de-
termines it would be a cost-effective 
alternative to other temporary housing 
options, may— 
‘‘(aa) enter into lease agree-
ments with owners of multifamily 
rental property located in areas 
covered by a major disaster dec-
laration to house individuals and 
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‘‘(d) STREAMLINED PROCEDURES.— 
‘‘(1) IN GENERAL.—For the purpose of pro-
viding assistance under this section, the President 
shall ensure that— 
‘‘(A) adequate resources are devoted to en-
sure that applicable environmental reviews 
under the National Environmental Policy Act of 
1969 and historic preservation reviews under 
the National Historic Preservation Act are com-
pleted on an expeditious basis; and 
‘‘(B) the shortest existing applicable proc-
ess under the National Environmental Policy 
Act of 1969 and the National Historic Preser-
vation Act is utilized. 
‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO-
CEDURES.—The President may utilize expedited pro-
cedures in addition to those required under para-
graph (1) for the purpose of providing assistance 
under this section, such as procedures under the 
Prototype Programmatic Agreement of the Federal 
Emergency Management Agency, for the consider-
ation of multiple structures as a group and for an 
analysis of the cost-effectiveness and fulfillment of 
cost-share requirements for proposed hazard mitiga-
tion measures. 
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‘‘(e) ADVANCE ASSISTANCE.—The President may 
provide not more than 25 percent of the amount of the 
estimated cost of hazard mitigation measures to a State 
grantee eligible for a grant under this section before eligi-
ble costs are incurred.’’. 
(b) ESTABLISHMENT OF CRITERIA RELATING TO AD-
MINISTRATION OF HAZARD MITIGATION ASSISTANCE BY 
STATES.—Section 404(c)(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(c)(2)) is amended by inserting after ‘‘applications 
submitted under paragraph (1).’’ the following: ‘‘Until 
such time as the Administrator promulgates regulations 
to implement this paragraph, the Administrator may 
waive notice and comment rulemaking, if the Adminis-
trator determines doing so is necessary to expeditiously 
implement this section, and may carry out this section as 
a pilot program.’’. 
(c) 
APPLICABILITY.—The 
authority 
under 
the 
amendments made by this section shall apply to— 
(1) any major disaster or emergency declared 
under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
on or after the date of enactment of this division; 
and 
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(2) a major disaster or emergency declared 
under that Act before the date of enactment of this 
division for which the period for processing requests 
for assistance has not ended as of the date of enact-
ment of this division. 
SEC. 1105. DISPUTE RESOLUTION PILOT PROGRAM. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
emergency Management Agency. 
(2) ELIGIBLE ASSISTANCE.—The term ‘‘eligible 
assistance’’ means assistance— 
(A) under section 403, 406, or 407 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170b, 5172, 
5173); 
(B) for which the legitimate amount in dis-
pute is not less than $1,000,000, which sum the 
Administrator shall adjust annually to reflect 
changes in the Consumer Price Index for all 
Urban Consumers published by the Department 
of Labor; 
(C) for which the applicant has a non-Fed-
eral share; and 
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(D) for which the applicant has received a 
decision on a first appeal. 
(b) PROCEDURES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this section, and in 
order to facilitate an efficient recovery from major 
disasters, the Administrator shall establish proce-
dures under which an applicant may request the use 
of alternative dispute resolution, including arbitra-
tion by an independent review panel, to resolve dis-
putes relating to eligible assistance. 
(2) BINDING EFFECT.—A decision by an inde-
pendent review panel under this section shall be 
binding upon the parties to the dispute. 
(3) CONSIDERATIONS.—The procedures estab-
lished under this section shall— 
(A) allow a party of a dispute relating to 
eligible assistance to request an independent re-
view panel for the review; 
(B) require a party requesting an inde-
pendent review panel as described in subpara-
graph (A) to agree to forgo rights to any fur-
ther appeal of the dispute relating to any eligi-
ble assistance; 
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(C) require that the sponsor of an inde-
pendent review panel for any alternative dispute 
resolution under this section be— 
(i) an individual or entity unaffiliated 
with the dispute (which may include a 
Federal agency, an administrative law 
judge, or a reemployed annuitant who was 
an employee of the Federal Government) 
selected by the Administrator; and 
(ii) responsible for identifying and 
maintaining an adequate number of inde-
pendent experts qualified to review and re-
solve disputes under this section; 
(D) require an independent review panel 
to— 
(i) resolve any remaining disputed 
issue in accordance with all applicable 
laws, regulations, and Agency interpreta-
tions of those laws through its published 
policies and guidance; 
(ii) consider only evidence contained 
in the administrative record, as it existed 
at the time at which the Agency made its 
initial decision; 
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