Title: Disaster Recovery Reform Act of 2018
Policy area: Emergency Management

Summary:
Disaster Recovery Reform Act of 2018
This bill authorizes the President to: (1) provide hazard mitigation assistance in any area affected by a fire for which assistance was provided under fire management assistance provisions, regardless of whether or not a major disaster is declared; (2) waive the general prohibition on the duplication of benefits if specified conditions apply; and (3) enter into lease agreements with owners of multifamily rental property impacted by a major disaster.
Provisions with respect to the repair, restoration, and replacement of damaged facilities are revised concerning large-in lieu contributions, eliminating the 90% and 75% federal shares for public and private nonprofit facilities.
The Federal Emergency Management Agency (FEMA) shall develop and issue guidance for state, local, and tribal governments regarding the identification of evacuation routes.
FEMA may: (1) establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine; and (2) develop incentives and penalties that encourage state, tribal, or local governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3041 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3041

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to provide for disaster recovery reforms, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2018

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to provide for disaster recovery reforms, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster Recovery 
Reform Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Applicability.
Sec. 3. Definitions.
Sec. 4. Wildfire prevention.
Sec. 5. Additional activities.
Sec. 6. Eligibility for code implementation and enforcement.
Sec. 7. Program improvements.
Sec. 8. Prioritization of facilities.
Sec. 9. Guidance on evacuation routes.
Sec. 10. Duplication of benefits.
Sec. 11. State administration of assistance for direct temporary 
                            housing and permanent housing construction.
Sec. 12. Assistance to individuals and households.
Sec. 13. Multifamily lease and repair assistance.
Sec. 14. Private nonprofit facility.
Sec. 15. Management costs.
Sec. 16. Flexibility.
Sec. 17. Additional disaster assistance.
Sec. 18. National veterinary emergency teams.
Sec. 19. Right of arbitration.
Sec. 20. Unified Federal environmental and historic preservation 
                            review.
Sec. 21. Closeout incentives.
Sec. 22. Performance of services.
Sec. 23. Study to streamline and consolidate information collection.
Sec. 24. Agency accountability.
Sec. 25. Audit of contracts.
Sec. 26. Inspector general audit of FEMA contracts for tarps and 
                            plastic sheeting.
Sec. 27. Relief organizations.
Sec. 28. Guidance on inundated and submerged roads.
Sec. 29. Guidance and recommendations.
Sec. 30. Guidance on hazard mitigation assistance.
Sec. 31. Additional hazard mitigation activities.
Sec. 32. National public infrastructure predisaster hazard mitigation.
Sec. 33. Additional mitigation activities.
Sec. 34. Reimbursement.
Sec. 35. Flood insurance.
Sec. 36. Certain recoupment prohibited.
Sec. 37. Federal assistance to individuals and households and nonprofit 
                            facilities.
Sec. 38. Cost of assistance estimates.
Sec. 39. Report on insurance shortfalls.

SEC. 2. APPLICABILITY.

    Except as otherwise expressly provided, the amendments in this Act 
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) apply to each major disaster and emergency 
declared by the President on or after August 1, 2017, under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency.
            (3) State.--The term ``State'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).

SEC. 4. WILDFIRE PREVENTION.

    (a) Mitigation Assistance.--Section 420 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Hazard Mitigation Assistance.--Whether or not a major 
disaster is declared, the President may provide hazard mitigation 
assistance in accordance with section 404 in any area affected by a 
fire for which assistance was provided under this section.''.
    (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by 
        inserting ``or event under section 420'' after ``major 
        disaster'' each place it appears; and
            (2) in section 404(a) (42 U.S.C. 5170c(a)), as amended by 
        section 32 of this Act--
                    (A) by inserting before the first period ``, or any 
                area affected by a fire for which assistance was 
                provided under section 420''; and
                    (B) in the third sentence by inserting ``or event 
                under section 420'' after ``major disaster'' each place 
                it appears.
    (c) Reporting Requirement.--Not later than 1 year after the date of 
enactment of this Act and annually thereafter, the Administrator shall 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committees on Appropriations of 
the Senate and the House of Representatives a report containing a 
summary of any projects carried out, and any funding provided to those 
projects, under subsection (d) of section 420 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187), as added 
by this section.

SEC. 5. ADDITIONAL ACTIVITIES.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(f) Use of Assistance.--Recipients of hazard mitigation 
assistance provided under this section and section 203 may use the 
assistance to conduct activities to help reduce the risk of future 
damage, hardship, loss, or suffering in any area affected by a wildfire 
or windstorm, such as--
            ``(1) reseeding ground cover with quick-growing or native 
        species;
            ``(2) mulching with straw or chipped wood;
            ``(3) constructing straw, rock, or log dams in small 
        tributaries to prevent flooding;
            ``(4) placing logs and other erosion barriers to catch 
        sediment on hill slopes;
            ``(5) installing debris traps to modify road and trail 
        drainage mechanisms;
            ``(6) modifying or removing culverts to allow drainage to 
        flow freely;
            ``(7) adding drainage dips and constructing emergency 
        spillways to keep roads and bridges from washing out during 
        floods;
            ``(8) planting grass to prevent the spread of noxious 
        weeds;
            ``(9) installing warning signs;
            ``(10) establishing defensible space measures;
            ``(11) reducing hazardous fuels;
            ``(12) windstorm damage, including replacing or installing 
        electrical transmission or distribution utility pole structures 
        with poles that are resilient to extreme wind and combined ice 
        and wind loadings for the basic wind speeds and ice conditions 
        associated with the relevant location;
            ``(13) removing standing burned trees; and
            ``(14) replacing water systems that have been burned and 
        have caused contamination.''.

SEC. 6. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT.

    (a) In General.--Section 402 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) provide assistance to State and local governments for 
        building code and floodplain management ordinance 
        administration and enforcement, including inspections for 
        substantial damage compliance.''.
    (b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) base and overtime wages for extra hires to 
                facilitate the implementation and enforcement of 
                adopted building codes for a period of not more than 
                180 days after the major disaster is declared.''.

SEC. 7. PROGRAM IMPROVEMENTS.

    (a) Hazard Mitigation.--Section 406(c) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is 
amended--
            (1) in paragraph (1)(A), by striking ``90 percent of''; and
            (2) in paragraph (2)(A), by striking ``75 percent of''.
    (b) Participation.--Section 428(d) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(d)) is 
amended--
            (1) by striking ``Participation in'' and inserting the 
        following:
            ``(1) In general.--Participation in''; and
            (2) by adding at the end the following:
            ``(2) No conditions.--The President may not condition the 
        provision of Federal assistance under this Act on the election 
        by a State, Tribal, or local government, or owner or operator 
        of a private nonprofit facility to participate in the 
        alternative procedures adopted under this section.''.
    (c) Certification.--Section 428(e)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f(e)(1)) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) once certified by a professionally licensed 
                engineer and accepted by the Administrator, the 
                estimates on which grants made pursuant to this section 
                are based shall be presumed to be reasonable and 
                eligible costs, as long as there is no evidence of 
                fraud.''.

SEC. 8. PRIORITIZATION OF FACILITIES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall provide guidance and training on an annual 
basis to State, Tribal, and local governments, first responders, and 
utility companies on--
            (1) the need to prioritize assistance to hospitals, nursing 
        homes, and other long-term care facilities to ensure that such 
        health care facilities remain functioning or return to 
        functioning as soon as practicable during power outages caused 
        by natural hazards, including severe weather events;
            (2) how hospitals, nursing homes and other long-term care 
        facilities should adequately prepare for power outages during a 
        major disaster or emergency (as those terms are defined in 
        section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122)); and
            (3) how State, Tribal, and local governments, first 
        responders, utility companies, hospitals, nursing homes, and 
        other long-term care facilities should develop a strategy to 
        coordinate emergency response plans, including the activation 
        of emergency response plans, in anticipation of a major 
        disaster, including severe weather events.

SEC. 9. GUIDANCE ON EVACUATION ROUTES.

    (a) In General.--
            (1) Identification.--The Administrator, in coordination 
        with the Administrator of the Federal Highway Administration, 
        shall develop and issue guidance for State, local, and Tribal 
        governments regarding the identification of evacuation routes.
            (2) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator, shall 
        revise existing guidance or issue new guidance as appropriate 
        for State, local, and Tribal governments regarding the design, 
        construction, maintenance, and repair of evacuation routes.
    (b) Considerations.--
            (1) Identification.--In developing the guidance under 
        subsection (a)(1), the Administrator shall consider--
                    (A) whether evacuation routes have resisted impacts 
                and recovered quickly from disasters, regardless of 
                cause;
                    (B) the need to evacuate special needs populations, 
                including--
                            (i) individuals with a physical or mental 
                        disability;
                            (ii) individuals in schools, daycare 
                        centers, mobile home parks, prisons, nursing 
                        homes and other long-term care facilities, and 
                        detention centers;
                            (iii) individuals with limited-English 
                        proficiency;
                            (iv) the elderly; and
                            (v) individuals who are tourists, seasonal 
                        workers, or homeless;
                    (C) the sharing of information and other public 
                communications with evacuees during evacuations;
                    (D) the sheltering of evacuees, including the care, 
                protection, and sheltering of animals;
                    (E) the return of evacuees to their homes; and
                    (F) such other items the Administrator considers 
                appropriate.
            (2) Design, construction, maintenance, and repair.--In 
        revising or issuing guidance under subsection (a)(2), the 
        Administrator of the Federal Highway Administration shall 
        consider--
                    (A) methods that assist evacuation routes to--
                            (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                            (ii) improve durability, strength 
                        (including the ability to withstand tensile 
                        stresses and compressive stresses), and 
                        sustainability; and
                            (iii) provide for long-term cost savings;
                    (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                    (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                    (D) such other items the Administrator of the 
                Federal Highway Administration considers appropriate.

SEC. 10. DUPLICATION OF BENEFITS.

    (a) In General.--Section 312(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)) is amended by 
adding at the end the following:
            ``(4) Waiver of general prohibition.--
                    ``(A) In general.--The President may waive the 
                general prohibition provided in subsection (a) upon 
                request of a Governor on behalf of the State or on 
                behalf of a person, business concern, or any other 
                entity suffering losses as a result of a major disaster 
                or emergency, if the President finds such waiver is in 
                the public interest and will not result in waste, 
                fraud, or abuse. In making this decision, the President 
                may consider the following:
                            ``(i) The recommendations of the 
                        Administrator of the Federal Emergency 
                        Management Agency made in consultation with the 
                        Federal agency or agencies administering the 
                        duplicative program.
                            ``(ii) If a waiver is granted, the 
                        assistance to be funded is cost effective.
                            ``(iii) Equity and good conscience.
                            ``(iv) Other matters of public policy 
                        considered appropriate by the President.
                    ``(B) Grant or denial of waiver.--A request under 
                subparagraph (A) shall be granted or denied not later 
                than 45 days after submission of such request.
                    ``(C) Prohibition on determination that loan is a 
                duplication.--Notwithstanding subsection (c), in 
                carrying out subparagraph (A), the President may not 
                determine that a loan is a duplication of assistance, 
                provided that all Federal assistance is used toward a 
                loss suffered as a result of the major disaster or 
                emergency.''.

SEC. 11. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY 
              HOUSING AND PERMANENT HOUSING CONSTRUCTION.

    Section 408(f) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the paragraph heading and inserting 
                ``State- or tribal-administered assistance and other 
                needs assistance.--'';
                    (B) in subparagraph (A)--
                            (i) by striking ``financial''; and
                            (ii) by striking ``subsection (e)'' and 
                        inserting ``subsections (c)(1)(B), (c)(4), and 
                        (e) if the President and the State or Tribal 
                        government comply, as determined by the 
                        Administrator, with paragraph (3)''; and
                    (C) in subparagraph (B)--
                            (i) by striking ``financial''; and
                            (ii) by striking ``subsection (e)'' and 
                        inserting ``subsections (c)(1)(B), (c)(4), and 
                        (e)''; and
            (2) by adding at the end the following:
            ``(3) Requirements.--
                    ``(A) Application.--A State or Tribal government 
                desiring to provide assistance under subsection 
                (c)(1)(B), (c)(4), or (e) shall submit to the President 
                an application for a grant to provide financial 
                assistance under the program.
                    ``(B) Criteria.--The President, in consultation and 
                coordination with State, Tribal, and local governments, 
                shall establish criteria for the approval of 
                applications submitted under subparagraph (A). The 
                criteria shall include, at a minimum--
                            ``(i) a requirement that the State or 
                        Tribal government submit a housing strategy 
                        under subparagraph (C);
                            ``(ii) the demonstrated ability of the 
                        State or Tribal government to manage the 
                        program under this section;
                            ``(iii) there being in effect a plan 
                        approved by the President as to how the State 
                        or Tribal government will comply with 
                        applicable Federal laws and regulations and how 
                        the State or Tribal government will provide 
                        assistance under its plan;
                            ``(iv) a requirement that the State, 
                        Tribal, or local government comply with rules 
                        and regulations established pursuant to 
                        subsection (j); and
                            ``(v) a requirement that the President, or 
                        the designee of the President, comply with 
                        subsection (i).
                    ``(C) Requirement of housing strategy.--
                            ``(i) In general.--A State or Tribal 
                        government submitting an application under this 
                        paragraph shall have an approved housing 
                        strategy, which shall be developed and 
                        submitted to the President for approval.
                            ``(ii) Requirements.--The housing strategy 
                        required under clause (i) shall--
                                    ``(I) outline the approach of the 
                                State in working with Federal partners, 
                                Tribal governments, local communities, 
                                nongovernmental organizations, and 
                                individual disaster survivors to meet 
                                disaster-related sheltering and housing 
                                needs; and
                                    ``(II) include the establishment of 
                                an activation plan for a State Disaster 
                                Housing Task Force, as outlined in the 
                                National Disaster Housing Strategy, to 
                                bring together State, Tribal, local, 
                                Federal, nongovernmental, and private 
                                sector expertise to evaluate housing 
                                requirements, consider potential 
                                solutions, recognize special needs 
                                populations, and propose 
                                recommendations.
                    ``(D) Quality assurance.--Before approving an 
                application submitted under this section, the 
                President, or the designee of the President, shall 
                institute adequate policies, procedures, and internal 
                controls to prevent waste, fraud, abuse, and program 
                mismanagement for this program and for programs under 
                subsections (c)(1)(B), (c)(4), and (e). The President 
                shall monitor and conduct quality assurance activities 
                on a State or Tribal government's implementation of 
                programs under subsections (c)(1)(B), (c)(4), and (e). 
                If, after approving an application of a State or Tribal 
                government submitted under this paragraph, the 
                President determines that the State or Tribal 
                government is not administering the program established 
                by this section in a manner satisfactory to the 
                President, the President shall withdraw the approval.
                    ``(E) Audits.--The Inspector General of the 
                Department of Homeland Security shall provide for 
                periodic audits of the programs administered by States 
                and Tribal governments under this subsection.
                    ``(F) Applicable laws.--All Federal laws applicable 
                to the management, administration, or contracting of 
                the programs by the Federal Emergency Management Agency 
                under this section shall be applicable to the 
                management, administration, or contracting by a non-
                Federal entity under this section.
                    ``(G) Report on effectiveness.--Not later than 18 
                months after the date of enactment of this paragraph, 
                the Inspector General of the Department of Homeland 
                Security shall submit a report to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives on the 
                State or Tribal government's role to provide assistance 
                under this section. The report shall contain an 
                assessment of the effectiveness of the State or Tribal 
                government's role to provide assistance under this 
                section, including--
                            ``(i) whether the State or Tribal 
                        government's role helped to improve the general 
                        speed of disaster recovery;
                            ``(ii) whether the State or Tribal 
                        government providing assistance under this 
                        section had the capacity to administer this 
                        section; and
                            ``(iii) recommendations for changes to 
                        improve the program if the State or Tribal 
                        government's role to administer the programs 
                        should be continued.
                    ``(H) Report on incentives.--Not later than 12 
                months after the date of enactment of this paragraph, 
                the Administrator of the Federal Emergency Management 
                Agency shall submit a report to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives on a 
                proposed incentive structure for awards made under this 
                section to encourage participation by eligible States 
                and to potentially add cost-share requirements that are 
                reasonable to support increased State management 
                according to this section.
                    ``(I) Prohibition.--The President may not condition 
                the provision of Federal assistance under this Act by a 
                State or Tribal government requesting a grant under 
                this section.
                    ``(J) Miscellaneous.--
                            ``(i) Notice and comment.--The 
                        Administrator of the Federal Emergency 
                        Management Agency may waive notice and comment 
                        rulemaking, if the Administrator determines 
                        doing so is necessary to expeditiously 
                        implement this section, and may carry out this 
                        section as a pilot program until such 
                        regulations are promulgated.
                            ``(ii) Final rule.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        the Administrator of the Federal Emergency 
                        Management Agency shall issue final regulations 
                        to implement this subsection as amended by the 
                        Disaster Recovery Reform Act of 2018.
                            ``(iii) Waiver and expiration.--The 
                        authority under clause (i) and any pilot 
                        program implemented pursuant to such clause 
                        shall expire 2 years after the date of 
                        enactment of this paragraph or upon issuance of 
                        final regulations pursuant to clause (ii), 
                        whichever occurs sooner.''.

SEC. 12. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(h) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(h)) is amended--
            (1) in paragraph (1), by inserting ``, excluding financial 
        assistance to rent alternate housing accommodations under 
        subsection (c)(1)(A)(i) and financial assistance to address 
        other needs under subsection (e)'' after ``disaster'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following:
            ``(2) Other needs assistance.--The maximum financial 
        assistance any individual or household may receive under 
        subsection (e) shall be equivalent to the amount set forth in 
        paragraph (1) with respect to a single major disaster.'';
            (4) in paragraph (3), as so redesignated, by striking 
        ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and
            (5) by inserting after paragraph (3), as so redesignated, 
        the following:
            ``(4) Exclusion of necessary expenses for individuals with 
        disabilities.--
                    ``(A) In general.--The maximum amount of assistance 
                established under paragraph (1) shall exclude expenses 
                to repair or replace damaged accessibility-related 
                improvements under paragraphs (2), (3), and (4) of 
                subsection (c) for individuals with disabilities.
                    ``(B) Other needs assistance.--The maximum amount 
                of assistance established under paragraph (2) shall 
                exclude expenses to repair or replace accessibility-
                related personal property under subsection (e)(2) for 
                individuals with disabilities.''.

SEC. 13. MULTIFAMILY LEASE AND REPAIR ASSISTANCE.

    (a) Lease and Repair of Rental Units for Temporary Housing.--
Section 408(c)(1)(B)(ii)(II) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is 
amended to read as follows:
                                    ``(II) Improvements or repairs.--
                                Under the terms of any lease agreement 
                                for property entered into under this 
                                subsection, the value of the 
                                improvements or repairs shall be 
                                deducted from the value of the lease 
                                agreement.''.
    (b) Rental Properties Impacted.--Section 408(c)(1)(B)(ii)(I)(aa) of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows:
                                            ``(aa) enter into lease 
                                        agreements with owners of 
                                        multifamily rental property 
                                        impacted by a major disaster or 
                                        located in areas covered by a 
                                        major disaster declaration to 
                                        house individuals and 
                                        households eligible for 
                                        assistance under this section; 
                                        and''.
    (c) Inspector General Report.--Not later than 2 years after the 
date of the enactment of this Act, the Inspector General of the 
Department of Homeland Security shall--
            (1) assess the use of the authority provided under section 
        408(c)(1)(B) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), as amended 
        by this Act, including the adequacy of any benefit-cost 
        analysis done to justify the use of this alternative; and
            (2) submit a report on the results of the assessment 
        conducted under paragraph (1) to the appropriate committees of 
        Congress.

SEC. 14. PRIVATE NONPROFIT FACILITY.

    Section 102(11)(B) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended by 
inserting ``food banks,'' after ``shelter workshops,''.

SEC. 15. MANAGEMENT COSTS.

    Section 324 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5165b) is amended--
            (1) in subsection (a), by striking ``any administrative 
        expense, and any other expense not directly chargeable to'' and 
        inserting ``direct administrative cost, and any other 
        administrative expense associated with''; and
            (2) in subsection (b)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(1) In general.--Notwithstanding'';
                    (B) in paragraph (1), as so designated, by striking 
                ``establish'' and inserting ``implement''; and
                    (C) by adding at the end the following:
            ``(2) Specific management costs.--The Administrator of 
        Federal Emergency Management Agency shall provide the following 
        percentage rates, in addition to the eligible project costs, to 
        cover direct and indirect costs of administering the following 
        programs:
                    ``(A) Hazard mitigation.--A grantee under section 
                404 may be reimbursed not more than 15 percent of the 
                total amount of the grant award under such section of 
                which not more than 10 percent may be used by the 
                grantee and 5 percent by the subgrantee for such costs.
                    ``(B) Public assistance.--A grantee under sections 
                403, 406, 407, and 502 may be reimbursed not more than 
                12 percent of the total award amount under such 
                sections, of which not more than 7 percent may be used 
                by the grantee and 5 percent by the subgrantee for such 
                costs.''.

SEC. 16. FLEXIBILITY.

    (a) Waiver Authority.--
            (1) Definition.--In this subsection, the term ``covered 
        assistance'' means assistance provided--
                    (A) under section 408 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5174); and
                    (B) in relation to a major disaster or emergency 
                declared by the President under section 401 or 501 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170, 5191) on or after 
                October 28, 2012.
            (2) Authority.--Notwithstanding section 3716(e) of title 
        31, United States Code, the Administrator--
                    (A) subject to subparagraph (B), may waive a debt 
                owed to the United States related to covered assistance 
                provided to an individual or household if--
                            (i) the covered assistance was distributed 
                        based on an error by the Agency;
                            (ii) there was no fault on behalf of the 
                        debtor; and
                            (iii) the collection of the debt would be 
                        against equity and good conscience; and
                    (B) may not waive a debt under subparagraph (A) if 
                the debt involves fraud, the presentation of a false 
                claim, or misrepresentation by the debtor or any party 
                having an interest in the claim.
            (3) Monitoring of covered assistance distributed based on 
        error.--
                    (A) In general.--The Inspector General of the 
                Department of Homeland Security shall monitor the 
                distribution of covered assistance to individuals and 
                households to determine the percentage of such 
                assistance distributed based on an error.
                    (B) Removal of waiver authority based on excessive 
                error rate.--If the Inspector General of the Department 
                of Homeland Security determines, with respect to any 
                12-month period, that the amount of covered assistance 
                distributed based on an error by the Agency exceeds 4 
                percent of the total amount of covered assistance 
                distributed--
                            (i) the Inspector General shall notify the 
                        Administrator and publish the determination in 
                        the Federal Register; and
                            (ii) with respect to any major disaster or 
                        emergency declared by the President under 
                        section 401 or section 501, respectively, of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5170; 42 
                        U.S.C. 5191) after the date on which the 
                        determination is published under subparagraph 
                        (A), the authority of the Administrator to 
                        waive debt under paragraph (2) shall no longer 
                        be effective.
    (b) Recoupment of Certain Assistance Prohibited.--
            (1) In general.--Notwithstanding section 3716(e) of title 
        31, United States Code, and unless there is evidence of civil 
        or criminal fraud, the Agency may not take any action to recoup 
        covered assistance from the recipient of such assistance if the 
        receipt of such assistance occurred on a date that is more than 
        3 years before the date on which the Agency first provides to 
        the recipient written notification of an intent to recoup.
            (2) Covered assistance defined.--In this subsection, the 
        term ``covered assistance'' means assistance provided--
                    (A) under section 408 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5174); and
                    (B) in relation to a major disaster or emergency 
                declared by the President under section 401 or 501 of 
                such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on or after 
                January 1, 2012.
    (c)  Statute of Limitations.--
            (1) In general.--Section 705 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) 
        is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``Except'' and inserting 
                        ``Notwithstanding section 3716(e) of title 31, 
                        United States Code, and except''; and
                            (ii) by striking ``report for the disaster 
                        or emergency'' and inserting ``report for 
                        project completion as certified by the 
                        grantee''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1) by striking ``report 
                        for the disaster or emergency'' and inserting 
                        ``report for project completion as certified by 
                        the grantee''; and
                            (ii) in paragraph (3) by inserting ``for 
                        project completion as certified by the 
                        grantee'' after ``final expenditure report''.
            (2) Applicability.--
                    (A) In general.--With respect to disaster or 
                emergency assistance provided to a State or local 
                government on or after January 1, 2004--
                            (i) no administrative action may be taken 
                        to recover a payment of such assistance after 
                        the date of enactment of this Act if the action 
                        is prohibited under section 705(a)(1) of the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 
                        5205(a)(1)), as amended by paragraph (1); and
                            (ii) any administrative action to recover a 
                        payment of such assistance that is pending on 
                        such date of enactment shall be terminated if 
                        the action is prohibited under section 
                        705(a)(1) of that Act, as amended by paragraph 
                        (1).
                    (B) Limitation.--This section, including the 
                amendments made by this section, may not be construed 
                to invalidate or otherwise affect any administration 
                action completed before the date of enactment of this 
                Act.

SEC. 17. ADDITIONAL DISASTER ASSISTANCE.

    (a) Disaster Mitigation.--Section 209 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3149) is amended by adding 
at the end the following:
    ``(e) Disaster Mitigation.--In providing assistance pursuant to 
subsection (c)(2), if appropriate and as applicable, the Secretary may 
encourage hazard mitigation in assistance provided pursuant to such 
subsection.''.
    (b) Emergency Management Assistance Compact Grants.--Section 661(d) 
of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
761(d)) is amended by striking ``for fiscal year 2008'' and inserting 
``for each of fiscal years 2018 through 2022''.
    (c) Emergency Management Performance Grants Program.--Section 
662(f) of the Post-Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 762(f)) is amended by striking ``the program'' and all that 
follows through ``2012'' and inserting ``the program, for each of 
fiscal years 2018 through 2022''.
    (d) Technical Amendment.--Section 403(a)(3) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170b(a)(3)) is amended by striking the second subparagraph (J).

SEC. 18. NATIONAL VETERINARY EMERGENCY TEAMS.

    (a) In General.--The Administrator may establish one or more 
national veterinary emergency teams at accredited colleges of 
veterinary medicine.
    (b) Responsibilities.--A national veterinary emergency team shall--
            (1) deploy with a team of the National Urban Search and 
        Rescue Response System to assist with--
                    (A) veterinary care of canine search teams;
                    (B) locating and treating companion animals, 
                service animals, livestock, and other animals; and
                    (C) surveillance and treatment of zoonotic 
                diseases;
            (2) recruit, train, and certify veterinary professionals, 
        including veterinary students, in accordance with an 
        established set of plans and standard operating guidelines to 
        carry out the duties associated with planning for and 
        responding to emergencies as described in paragraph (1);
            (3) assist State, Tribal, and local governments and 
        nonprofit organizations in developing emergency management and 
        evacuation plans that account for the care and rescue of 
        animals and in improving local readiness for providing 
        veterinary medical response during a disaster; and
            (4) coordinate with the Department of Homeland Security, 
        the Department of Health and Human Services, the Department of 
        Agriculture, State, Tribal, and local governments (including 
        departments of animal and human health), veterinary and health 
        care professionals, and volunteers.

SEC. 19. RIGHT OF ARBITRATION.

    Section 423 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5189a) is amended by adding at the end the 
following:
    ``(d) Right of Arbitration.--
            ``(1) In general.--Notwithstanding this section, an 
        applicant for assistance under this title may request 
        arbitration to dispute the eligibility for assistance or 
        repayment of assistance provided for a dispute of more than 
        $500,000. Such arbitration shall be conducted de novo by the 
        Civilian Board of Contract Appeals and the decision of such 
        Board shall be binding.
            ``(2) Eligibility.--To participate in arbitration under 
        this subsection, an applicant--
                    ``(A) shall submit the dispute to the arbitration 
                process established under the authority granted under 
                section 601 of division A of Public Law 111-5 (123 
                Stat. 115); and
                    ``(B) may submit a request for arbitration after 
                the completion of the first appeal under subsection (a) 
                at any time before the Administrator of the Federal 
                Emergency Management Agency has issued a final agency 
                determination.
            ``(3) Limitation of appeal.--Upon the submission of a 
        request for arbitration, an applicant shall forfeit all rights 
        to further appeal.''.

SEC. 20. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION 
              REVIEW.

    (a) Review and Analysis.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall review the Unified 
Federal Environmental and Historic Preservation review process 
established pursuant to section 429 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a 
report to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate that includes the following:
            (1) An analysis of whether and how the unified process has 
        expedited the interagency review process to ensure compliance 
        with the environmental and historic requirements under Federal 
        law relating to disaster recovery projects.
            (2) A survey and analysis of categorical exclusions used by 
        other Federal agencies that may be applicable to any activity 
        related to a major disaster or emergency declared by the 
        President under section 401 or 501, respectively, of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170, 5191).
            (3) Recommendations on any further actions, including any 
        legislative proposals, needed to expedite and streamline the 
        review process.
    (b) Regulations.--After completing the review, survey, and analyses 
under subsection (a), but not later than 2 years after the date of 
enactment of this Act, and after providing notice and opportunity for 
public comment, the Administrator shall issue regulations to implement 
any regulatory recommendations, including any categorical exclusions 
identified under subsection (a), to the extent that the categorical 
exclusions meet the criteria for a categorical exclusion under section 
1508.4 of title 40, Code of Federal Regulations, and section II of DHS 
Instruction Manual 023-01-001-01.

SEC. 21. CLOSEOUT INCENTIVES.

    (a) Facilitating Closeout.--Section 705 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is 
amended by adding at the end the following:
    ``(d) Facilitating Closeout.--
            ``(1) Incentives.--The Administrator of the Federal 
        Emergency Management Agency may develop incentives and 
        penalties that encourage State, Tribal, or local governments to 
        close out expenditures and activities on a timely basis related 
        to disaster or emergency assistance.
            ``(2) Agency requirements.--The Federal Emergency 
        Management Agency shall, consistent with applicable regulations 
        and required procedures, meet its responsibilities to improve 
        closeout practices and reduce the time to close disaster 
        program awards.''.
    (b) Regulations.--The Administrator shall issue regulations to 
implement the amendments made by this section.

SEC. 22. PERFORMANCE OF SERVICES.

    Section 306 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the 
following:
    ``(c) The Administrator of the Federal Emergency Management Agency 
is authorized to appoint temporary personnel, after serving 
continuously for 3 years, to positions in the Federal Emergency 
Management Agency in the same manner that competitive service employees 
with competitive status are considered for transfer, reassignment, or 
promotion to such positions. An individual appointed under this 
subsection shall become a career-conditional employee, unless the 
employee has already completed the service requirements for career 
tenure.''.

SEC. 23. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator shall--
            (1) in coordination with the Small Business Administration, 
        the Department of Housing and Urban Development, the Disaster 
        Assistance Working Group of the Council of the Inspectors 
        General on Integrity and Efficiency, and other appropriate 
        agencies, conduct a study and develop a plan, consistent with 
        law, under which the collection of information from disaster 
        assistance applicants and grantees will be modified, 
        streamlined, expedited, efficient, flexible, consolidated, and 
        simplified to be less burdensome, duplicative, and time 
        consuming for applicants and grantees;
            (2) in coordination with the Small Business Administration, 
        the Department of Housing and Urban Development, the Disaster 
        Assistance Working Group of the Council of the Inspectors 
        General on Integrity and Efficiency, and other appropriate 
        agencies, develop a plan for the regular collection and 
        reporting of information on Federal disaster assistance 
        awarded, including the establishment and maintenance of a 
        website for presenting the information to the public; and
            (3) submit the plans developed under paragraphs (1) and (2) 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate.

SEC. 24. AGENCY ACCOUNTABILITY.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end 
the following:

``SEC. 430. AGENCY ACCOUNTABILITY.

    ``(a) Public Assistance.--Not later than 5 days after an award of a 
public assistance grant is made under section 406 that is in excess of 
$1,000,000, the Administrator of the Federal Emergency Management 
Agency shall publish on the website of the Federal Emergency Management 
Agency the specifics of each such grant award, including--
            ``(1) identifying the Federal Emergency Management Agency 
        Region;
            ``(2) the disaster or emergency declaration number;
            ``(3) the State, county, and applicant name;
            ``(4) if the applicant is a private nonprofit organization;
            ``(5) the damage category code;
            ``(6) the amount of the Federal share obligated; and
            ``(7) the date of the award.
    ``(b) Mission Assignments.--
            ``(1) In general.--Not later than 5 days after the issuance 
        of a mission assignment or mission assignment task order, the 
        Administrator of the Federal Emergency Management Agency shall 
        publish on the website of the Federal Emergency Management 
        Agency any mission assignment or mission assignment task order 
        to another Federal department or agency regarding a major 
        disaster in excess of $1,000,000, including--
                    ``(A) the name of the impacted State or Indian 
                Tribe;
                    ``(B) the disaster declaration for such State or 
                Indian Tribe;
                    ``(C) the assigned agency;
                    ``(D) the assistance requested;
                    ``(E) a description of the disaster;
                    ``(F) the total cost estimate;
                    ``(G) the amount obligated;
                    ``(H) the State or Tribal cost share, if 
                applicable;
                    ``(I) the authority under which the mission 
                assignment or mission assignment task order was 
                directed; and
                    ``(J) if applicable, the date a State or Indian 
                Tribe requested the mission assignment.
            ``(2) Recording changes.--Not later than 10 days after the 
        last day of each month until a mission assignment or mission 
        assignment task order described in paragraph (1) is completed 
        and closed out, the Administrator of the Federal Emergency 
        Management Agency shall update any changes to the total cost 
        estimate and the amount obligated.
    ``(c) Disaster Relief Monthly Report.--Not later than 10 days after 
the first day of each month, the Administrator of the Federal Emergency 
Management Agency shall publish on the website of the Federal Emergency 
Management Agency reports, including a specific description of the 
methodology and the source data used in developing such reports, 
including--
            ``(1) an estimate of the amounts for the fiscal year 
        covered by the President's most recent budget pursuant to 
        section 1105(a) of title 31, United States Code, including--
                    ``(A) the unobligated balance of funds to be 
                carried over from the prior fiscal year to the budget 
                year;
                    ``(B) the unobligated balance of funds to be 
                carried over from the budget year to the budget year 
                plus 1;
                    ``(C) the amount of obligations for noncatastrophic 
                events for the budget year;
                    ``(D) the amount of obligations for the budget year 
                for catastrophic events delineated by event and by 
                State;
                    ``(E) the total amount that has been previously 
                obligated or will be required for catastrophic events 
                delineated by event and by State for all prior years, 
                the current fiscal year, the budget year, and each 
                fiscal year thereafter;
                    ``(F) the amount of previously obligated funds that 
                will be recovered for the budget year;
                    ``(G) the amount that will be required for 
                obligations for emergencies, as described in section 
                102(1), major disasters, as described in section 
                102(2), fire management assistance grants, as described 
                in section 420, surge activities, and disaster 
                readiness and support activities; and
                    ``(H) the amount required for activities not 
                covered under section 251(b)(2)(D)(iii) of the Balanced 
                Budget and Emergency Deficit Control Act of 1985 (2 
                U.S.C. 901(b)(2)(D)(iii)); and
            ``(2) an estimate or actual amounts, if available, of the 
        following for the current fiscal year, which shall be submitted 
        not later than the fifth day of each month, published by the 
        Administrator of the Federal Emergency Management Agency on the 
        website of the Federal Emergency Management Agency not later 
        than the fifth day of each month:
                    ``(A) A summary of the amount of appropriations 
                made available by source, the transfers executed, the 
                previously allocated funds recovered, and the 
                commitments, allocations, and obligations made.
                    ``(B) A table of disaster relief activity 
                delineated by month, including--
                            ``(i) the beginning and ending balances;
                            ``(ii) the total obligations to include 
                        amounts obligated for fire assistance, 
                        emergencies, surge, and disaster support 
                        activities;
                            ``(iii) the obligations for catastrophic 
                        events delineated by event and by State; and
                            ``(iv) the amount of previously obligated 
                        funds that are recovered.
                    ``(C) A summary of allocations, obligations, and 
                expenditures for catastrophic events delineated by 
                event.
                    ``(D) The cost of the following categories of 
                spending:
                            ``(i) Public assistance.
                            ``(ii) Individual assistance.
                            ``(iii) Mitigation.
                            ``(iv) Administrative.
                            ``(v) Operations.
                            ``(vi) Any other relevant category 
                        (including emergency measures and disaster 
                        resources) delineated by disaster.
                    ``(E) The date on which funds appropriated will be 
                exhausted.
    ``(d) Contracts.--
            ``(1) Information.--Not later than 10 days after the first 
        day of each month, the Administrator of the Federal Emergency 
        Management Agency shall publish on the website of the Federal 
        Emergency Management Agency the specifics of each contract in 
        excess of $1,000,000 that the Federal Emergency Management 
        Agency enters into, including--
                    ``(A) the name of the party;
                    ``(B) the date the contract was awarded;
                    ``(C) the amount and scope of the contract;
                    ``(D) if the contract was awarded through 
                competitive bidding process;
                    ``(E) if no competitive bidding process was used, 
                the reason why competitive bidding was not used; and
                    ``(F) the authority used to bypass the competitive 
                bidding process.
        The information shall be delineated by disaster, if applicable, 
        and specify the damage category code, if applicable.
            ``(2) Report.--Not later than 10 days after the last day of 
        the fiscal year, the Administrator of the Federal Emergency 
        Management Agency shall provide a report to the appropriate 
        committees of Congress summarizing the following information 
        for the preceding fiscal year:
                    ``(A) The number of contracts awarded without 
                competitive bidding.
                    ``(B) The reasons why a competitive bidding process 
                was not used.
                    ``(C) The total amount of contracts awarded with no 
                competitive bidding.
                    ``(D) The damage category codes, if applicable, for 
                contracts awarded without competitive bidding.
    ``(e) Report on the Collection of Public Assistance Recipient and 
Subrecipient Contracts.--Not later than 180 days after the date of 
enactment of this subsection, the Administrator of the Federal 
Emergency Management Agency shall submit a report to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on the efforts of the Federal Emergency Management 
Agency to collect information on any contract prior to the project 
closeout phase for more than $500,000 that a public assistance 
recipient or subrecipient enters into using grant monies under section 
324, 403, 406, 407, 428, or 502, to improve oversight efforts by the 
Inspector General of the Department and others, including--
            ``(1) the name of each party;
            ``(2) the date the contract was awarded;
            ``(3) the amount of the contract;
            ``(4) the scope of the contract;
            ``(5) the period of performance for the contract; and
            ``(6) whether the contract was awarded through a 
        competitive bidding process.''.

SEC. 25. AUDIT OF CONTRACTS.

    Notwithstanding any other provision of law, the Administrator shall 
not reimburse a State, Tribe, or local government or the owner or 
operator of a private nonprofit facility for any activities made 
pursuant to a contract that prohibits the Administrator or the 
Comptroller General of the United States from auditing or otherwise 
reviewing all aspects relating to the contract.

SEC. 26. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND 
              PLASTIC SHEETING.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Inspector General of the Department of Homeland 
Security shall initiate an audit of the contracts awarded by the Agency 
for tarps and plastic sheeting for the Commonwealth of Puerto Rico and 
the United States Virgin Islands in response to Hurricane Irma and 
Hurricane Maria.
    (b) Considerations.--In carrying out the audit under subsection 
(a), the Inspector General shall review--
            (1) the contracting process used by the Agency to evaluate 
        offerors and award the relevant contracts to contractors;
            (2) the assessment conducted by the Agency of the past 
        performance of the contractors, including any historical 
        information showing that the contractors had supported large-
        scale delivery quantities in the past;
            (3) the assessment conducted by the Agency of the capacity 
        of the contractors to carry out the relevant contracts, 
        including with respect to inventory, production, and financial 
        capabilities;
            (4) how the Agency ensured that the contractors met the 
        terms of the relevant contracts; and
            (5) whether the failure of the contractors to meet the 
        terms of the relevant contracts and the subsequent cancellation 
        by the Agency of the relevant contracts affected the provision 
        of tarps and plastic sheeting to the Commonwealth of Puerto 
        Rico and the United States Virgin Islands.
    (c) Report.--Not later than 270 days after the date of initiation 
of the audit under subsection (a), the Inspector General shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the results of the audit, including 
findings and recommendations.

SEC. 27. RELIEF ORGANIZATIONS.

    Section 309 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5152) is amended--
            (1) in subsection (a), by striking ``and other relief or'' 
        and inserting ``long-term recovery groups, domestic hunger 
        relief, and other relief, or''; and
            (2) in subsection (b), by striking ``and other relief or'' 
        and inserting ``long-term recovery groups, domestic hunger 
        relief, and other relief, or''.

SEC. 28. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

    The Administrator, in coordination with the Administrator of the 
Federal Highway Administration, shall develop and issue guidance for 
State, local, and Tribal governments regarding repair, restoration, and 
replacement of inundated and submerged roads damaged or destroyed by a 
major disaster declared by the President under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), and for associated expenses incurred by the Government, 
with respect to roads eligible for assistance under section 406 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172), as amended by this Act.

SEC. 29. GUIDANCE AND RECOMMENDATIONS.

    (a) Guidance.--The Administrator shall provide guidance to a common 
interest community that provides essential services of a governmental 
nature on actions that a common interest community may take in order to 
be eligible to receive reimbursement from a grantee that receives funds 
from the Agency for certain activities performed after an event that 
results in a major disaster declared by the President under section 401 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170).
    (b) Recommendations.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a legislative proposal on how to provide eligibility for 
disaster assistance with respect to common areas of condominiums and 
housing cooperatives.

SEC. 30. GUIDANCE ON HAZARD MITIGATION ASSISTANCE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue guidance regarding 
the acquisition of property for open space as a mitigation measure 
under section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c) that includes--
            (1) a process by which the State hazard mitigation officer 
        appointed for such an acquisition shall, not later than 60 days 
        after the applicant for assistance enters into an agreement 
        with the Administrator regarding the acquisition, provide 
        written notification to each affected unit of local government 
        for such acquisition that includes--
                    (A) the location of the acquisition;
                    (B) the State-local assistance agreement for the 
                hazard mitigation grant program;
                    (C) a description of the acquisition; and
                    (D) a copy of the deed restriction; and
            (2) recommendations for entering into and implementing a 
        memorandum of understanding between units of local government 
        and covered entities that includes provisions to allow an 
        affected unit of local government notified under paragraph (1) 
        to--
                    (A) use and maintain the open space created by such 
                a project, consistent with section 404 (including 
                related regulations, standards, and guidance) and 
                consistent with all adjoining property, subject to the 
                notification of the adjoining property, so long as the 
                cost of the maintenance is borne by the local 
                government; and
                    (B) maintain the open space pursuant to standards 
                exceeding any local government standards defined in the 
                agreement with the Administrator described under 
                paragraph (1).
    (b) Definitions.--In this section:
            (1) Affected unit of local government.--The term ``affected 
        unit of local government'' means any entity covered by the 
        definition of local government in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122), that has jurisdiction over the property subject 
        to the acquisition described in subsection (a).
            (2) Covered entity.--The term ``covered entity'' means--
                    (A) the grantee or subgrantee receiving assistance 
                for an open space project described in subsection (a);
                    (B) the State in which such project is located; and
                    (C) the applicable Regional Administrator of the 
                Agency.

SEC. 31. ADDITIONAL HAZARD MITIGATION ACTIVITIES.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c), as amended by section 5, is amended 
by adding at the end the following:
    ``(g) Use of Assistance.--Recipients of hazard mitigation 
assistance provided under this section and section 203 may use the 
assistance to conduct activities to help reduce the risk of future 
damage, hardship, loss, or suffering in any area affected by earthquake 
hazards, including--
            ``(1) improvements to regional seismic networks in support 
        of building a capability for earthquake early warning;
            ``(2) improvements to geodetic networks in support of 
        building a capability for earthquake early warning; and
            ``(3) improvements to seismometers, Global Positioning 
        System receivers, and associated infrastructure in support of 
        building a capability for earthquake early warning.''.

SEC. 32. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION.

    (a) Predisaster Hazard Mitigation.--Section 203 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) 
is amended--
            (1) in subsection (c) by inserting ``Public 
        Infrastructure'' after ``the National'';
            (2) in subsection (e)(1)(B)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iv) to establish, adopt, and carry out 
                        enforcement activities to implement the latest 
                        published editions of relevant consensus-based 
                        codes, specifications, and standards that 
                        incorporate the latest hazard-resistant designs 
                        and establish minimum acceptable criteria for 
                        the design, construction, and maintenance of 
                        residential structures and facilities that may 
                        be eligible for assistance under this Act for 
                        the purpose of protecting the health, safety, 
                        and general welfare of the buildings' users 
                        against disasters.'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by inserting ``for mitigation 
                activities that are cost effective'' after 
                ``competitive basis''; and
                    (B) by adding at the end the following:
            ``(3) Redistribution of unobligated amounts.--The President 
        may--
                    ``(A) withdraw amounts of financial assistance made 
                available to a State (including amounts made available 
                to local governments of a State) under this subsection 
                that remain unobligated by the end of the third fiscal 
                year after the fiscal year for which the amounts were 
                allocated; and
                    ``(B) in the fiscal year following a fiscal year in 
                which amounts were withdrawn under subparagraph (A), 
                add the amounts to any other amounts available to be 
                awarded on a competitive basis pursuant to paragraph 
                (1).'';
            (4) in subsection (g)--
                    (A) in paragraph (9), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (10) as paragraph 
                (12); and
                    (C) by inserting after paragraph (9) the following:
            ``(10) the extent to which the State or local government 
        has facilitated the adoption and enforcement of the latest 
        published editions of relevant consensus-based codes, 
        specifications, and standards that incorporate the latest 
        hazard-resistant designs and establish criteria for the design, 
        construction, and maintenance of residential structures and 
        facilities that may be eligible for assistance under this Act 
        for the purpose of protecting the health, safety, and general 
        welfare of the buildings' users against disasters;
            ``(11) the extent to which the assistance will fund 
        activities that increase the level of resiliency; and'';
            (5) by striking subsection (i) and inserting the following:
    ``(i) National Public Infrastructure Predisaster Mitigation 
Assistance.--
            ``(1) In general.--The President may set aside from the 
        Disaster Relief Fund, with respect to each major disaster, an 
        amount equal to 6 percent of the estimated aggregate amount of 
        the grants to be made pursuant to sections 403, 406, 407, 408, 
        410, 416, and 428 for the major disaster in order to provide 
        technical and financial assistance under this section.
            ``(2) Estimated aggregate amount.--Not later than 180 days 
        after each major disaster declaration pursuant to this Act, the 
        estimated aggregate amount of grants for purposes of paragraph 
        (1) shall be determined by the President and such estimated 
        amount need not be reduced, increased, or changed due to 
        variations in estimates.
            ``(3) No reduction in amounts.--The amount set aside 
        pursuant to paragraph (1) shall not reduce the amounts 
        otherwise made available for sections 403, 404, 406, 407, 408, 
        410, 416, and 428 under this Act.'';
            (6) by striking subsections (j) and (m); and
            (7) by redesignating subsections (k), (l), and (n) as 
        subsections (j), (k), and (l), respectively.
    (b) Applicability.--The amendments made to section 203 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) shall apply to 
funds appropriated after the date of enactment of this Act.

SEC. 33. ADDITIONAL MITIGATION ACTIVITIES.

    (a) Hazard Mitigation Clarification.--Section 404(a) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(a)) is amended by striking the first sentence and inserting the 
following: ``The President may contribute up to 75 percent of the cost 
of hazard mitigation measures which the President has determined are 
cost effective and which substantially reduce the risk of, or increase 
resilience to, future damage, hardship, loss, or suffering in any area 
affected by a major disaster.''.
    (b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) 
is amended--
            (1) in the matter preceding clause (i), by inserting after 
        ``section,'' the following: ``for disasters declared on or 
        after August 1, 2017, or a disaster in which a cost estimate 
        has not yet been finalized for a project,'';
            (2) in clause (i), by striking ``and'' at the end;
            (3) in clause (ii)--
                    (A) by striking ``codes, specifications, and 
                standards'' and inserting ``the latest published 
                editions of relevant consensus-based codes, 
                specifications, and standards that incorporate the 
                latest hazard-resistant designs and establish minimum 
                acceptable criteria for the design, construction, and 
                maintenance of residential structures and facilities 
                that may be eligible for assistance under this Act for 
                the purposes of protecting the health, safety, and 
                general welfare of a facility's users against 
                disasters'';
                    (B) by striking ``applicable at the time at which 
                the disaster occurred''; and
                    (C) by striking the period at the end and inserting 
                ``; and''; and
            (4) by adding at the end the following:
                            ``(iii) in a manner that allows the 
                        facility to meet the definition of resilient 
                        developed pursuant to this subsection.''.
    (c) Other Eligible Cost.--Section 406(e)(1) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5172(e)(1)) is amended by adding at the end the following:
                    ``(C) Contributions.--Contributions for the 
                eligible cost made under this section may be provided 
                on an actual cost basis or on cost-estimation 
                procedures.''.
    (d) New Rules.--Section 406(e) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is further 
amended by adding at the end the following:
            ``(5) New rules.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of this paragraph, the President, 
                acting through the Administrator of the Federal 
                Emergency Management Agency, and in consultation with 
                the heads of relevant Federal departments and agencies, 
                shall issue a final rulemaking that defines the terms 
                `resilient' and `resiliency' for purposes of this 
                subsection.
                    ``(B) Interim guidance.--Not later than 60 days 
                after the date of enactment of this paragraph, the 
                Administrator shall issue interim guidance to implement 
                this subsection. Such interim guidance shall expire 18 
                months after the date of enactment of this paragraph or 
                upon issuance of final regulations pursuant to 
                subparagraph (A), whichever occurs first.
                    ``(C) Guidance.--Not later than 90 days after the 
                date on which the Administrator issues the final 
                rulemaking under this paragraph, the Administrator 
                shall issue any necessary guidance related to the 
                rulemaking.
                    ``(D) Report.--Not later than 2 years after the 
                date of enactment of this paragraph, the Administrator 
                shall submit to Congress a report summarizing the 
                regulations and guidance issued pursuant to this 
                paragraph.''.
    (e) Conforming Amendment.--Section 205(d)(2) of the Disaster 
Mitigation Act of 2000 (42 U.S.C. 5172 note) is amended by inserting 
``(B)'' after ``except that paragraph (1)''.

SEC. 34. REIMBURSEMENT.

    The Agency shall retroactively reimburse State and units of local 
government (for a period of 3 years after the declaration of a major 
disaster under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that 
a locally implemented housing solution, implemented by State or units 
of local government, costs 50 percent of the comparable Agency solution 
or whatever the locally implemented solution costs, whichever is lower.

SEC. 35. FLOOD INSURANCE.

    Section 406(d)(1) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(d)(1)) is amended by adding at 
the end the following: ``This section shall not apply to more than 1 
building of a multi-structure educational, law enforcement, 
correctional, fire, or medical campus, effective January 1, 2016.''.

SEC. 36. CERTAIN RECOUPMENT PROHIBITED.

    (a) In General.--Notwithstanding any other provision of law, the 
Agency shall deem any covered disaster assistance to have been properly 
procured, provided, and utilized, and shall restore any funding of 
covered disaster assistance previously provided but subsequently 
withdrawn or deobligated.
    (b) Covered Disaster Assistance Defined.--In this section, the term 
``covered disaster assistance'' means assistance--
            (1) provided to a local government pursuant to section 403, 
        406, or 407 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173); and
            (2) with respect to which, the Inspector General of the 
        Department of Homeland Security has determined, after an audit, 
        that--
                    (A) the Agency deployed to the local government a 
                Technical Assistance Contractor to review field 
                operations, provide eligibility advice, and assist with 
                day-to-day decisions;
                    (B) the Technical Assistance Contractor provided 
                inaccurate information to the local government; and
                    (C) the local government relied on the inaccurate 
                information to determine that relevant contracts were 
                eligible, reasonable, and reimbursable.

SEC. 37. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS AND NONPROFIT 
              FACILITIES.

    (a) Critical Document Fee Waiver.--Section 408(e) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(e)) is amended by adding at the end the following:
            ``(3) Critical document fee waiver.--
                    ``(A) In general.--Notwithstanding section 1 of the 
                Passport Act of June 4, 1920 (22 U.S.C. 214) or any 
                other provision of law, the President, in consultation 
                with the Governor of a State, may provide a waiver 
                under this section to an individual or household 
                described in paragraph (1) of the following document 
                replacement fees:
                            ``(i) The passport application fee for 
                        individuals who lost their United States 
                        passport.
                            ``(ii) The file search fee for a United 
                        States passport.
                            ``(iii) The Application for Waiver of 
                        Passport and/or Visa form (Form I-193) fee.
                            ``(iv) The Permanent Resident Card 
                        replacement form (Form I-90) filing fee.
                            ``(v) The Declaration of Intention form 
                        (Form N-300) filing fee.
                            ``(vi) The Naturalization/Citizenship 
                        Document replacement form (Form N-565) filing 
                        fee.
                            ``(vii) The Employment Authorization form 
                        (Form I-765) filing fee.
                            ``(viii) The biometric service fee.
                    ``(B) Exemption from form requirement.--The 
                authority of the President to waive fees under clauses 
                (iii) through (viii) of subparagraph (A) applies 
                regardless of whether the individual or household 
                qualifies for a Form I-912 Request for Fee Waiver, or 
                any successor thereto.
                    ``(C) Exemption from assistance maximum.--The 
                assistance limit in subsection (h) shall not apply to 
                any fee waived under this paragraph.''.
    (b) Federal Assistance to Private Nonprofit Childcare 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 ``(including private nonprofit center-based childcare)'' 
after ``education''.

SEC. 38. COST OF ASSISTANCE ESTIMATES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall review the factors 
considered when evaluating a request for a major disaster declaration 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), specifically the estimated cost of the 
assistance.
    (b) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall review and initiate a 
rulemaking to update how the Agency estimates the cost of major 
disaster assistance, including adjusting the per capita impact 
indicator for annual inflation for all years since 1986, and consider 
other impacts on the capacity of a jurisdiction to respond to 
disasters.
    (c) Implementation.--The Administrator--
            (1) shall ensure that any new methodology developed under 
        this section shall be phased in over a period of not less than 
        5 years; and
            (2) may subject adjustments to an increase of not more than 
        10 percent annually for jurisdictions, if the Administrator 
        determines the increase is necessary to allow additional time 
        to appropriately budget for future disasters.
    (d) Report.--Not later than 365 days after the date of enactment of 
this Act, the Administrator shall--
            (1) submit a report to the committees of jurisdiction of 
        Congress on the initiative to modernize the per capita impact 
        indicator; and
            (2) present recommendations for new measures to assess the 
        capacities of States to respond to and recover from disasters.

SEC. 39. REPORT ON INSURANCE SHORTFALLS.

    Section 311 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5154) is amended by adding at the end the 
following:
    ``(d) Report on Insurance Shortfalls.--Not later than 2 years after 
the date of enactment of this subsection, and each year thereafter, the 
Administrator of the Federal Emergency Management Agency shall submit a 
report to Congress on the number of instances and the estimated amounts 
involved, by State, for cases in which self-insurance amounts have been 
insufficient to address flood damages.''.
                                 <all>