U.S. Congress - Text of S.1630 as Introduced in Senate Disaster Recovery Act of 2011
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Donate NowS.1630 - Disaster Recovery Act of 2011
A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow for a more effective recovery from disasters, and for other purposes.
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S 1630 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1630CommentsClose CommentsPermalink
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow for a more effective recovery from disasters, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
September 23, 2011CommentsClose CommentsPermalink
September 23, 2011CommentsClose CommentsPermalink
Ms. LANDRIEU (for herself and Mr. COCHRAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow for a more effective recovery from disasters, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Disaster Recovery Act of 2011’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
Sec. 101. Definition of major disaster.CommentsClose CommentsPermalink
Sec. 102. Other definitions.CommentsClose CommentsPermalink
Sec. 103. Waiver of administrative conditions.CommentsClose CommentsPermalink
Sec. 104. Use and coordination of relief organizations.CommentsClose CommentsPermalink
Sec. 105. Self-insurance.CommentsClose CommentsPermalink
Sec. 106. Authorities and responsibilities.CommentsClose CommentsPermalink
Sec. 107. Recovery efforts.CommentsClose CommentsPermalink
Sec. 108. Coordination of response and recovery.CommentsClose CommentsPermalink
Sec. 109. Declaration of a catastrophic disaster.CommentsClose CommentsPermalink
Sec. 110. Improving distribution of Federal disaster assistance.CommentsClose CommentsPermalink
Sec. 111. Pre-incident planning.CommentsClose CommentsPermalink
TITLE II--MAJOR DISASTER ASSISTANCE PROGRAMS
Sec. 201. Essential assistance.CommentsClose CommentsPermalink
Sec. 202. Volunteers.CommentsClose CommentsPermalink
Sec. 203. Hazard mitigation.CommentsClose CommentsPermalink
Sec. 204. Repair, restoration, and replacement of damaged facilities.CommentsClose CommentsPermalink
Sec. 205. Debris removal.CommentsClose CommentsPermalink
Sec. 206. Federal assistance to individuals and households.CommentsClose CommentsPermalink
Sec. 207. Crisis counseling and assistance training program.CommentsClose CommentsPermalink
Sec. 208. Community disaster loans.CommentsClose CommentsPermalink
Sec. 209. Emergency public transportation.CommentsClose CommentsPermalink
Sec. 210. Simplified procedures.CommentsClose CommentsPermalink
Sec. 211. Appeals of assistance decisions.CommentsClose CommentsPermalink
Sec. 212. Case management services.CommentsClose CommentsPermalink
Sec. 213. Essential service providers.CommentsClose CommentsPermalink
Sec. 214. Additional disaster assistance, procedures, and reporting.CommentsClose CommentsPermalink
Sec. 215. After action reviews.CommentsClose CommentsPermalink
Sec. 216. Grant guidance.CommentsClose CommentsPermalink
Sec. 217. Timeliness of reviews.CommentsClose CommentsPermalink
Sec. 218. Review of regulations and policies.CommentsClose CommentsPermalink
Sec. 219. Public works repair teams.CommentsClose CommentsPermalink
Sec. 220. Review of Federal programs and authorities.CommentsClose CommentsPermalink
TITLE III--OTHER PROVISIONS
Sec. 301. Contributions for personnel and administrative expenses.CommentsClose CommentsPermalink
Sec. 302. Evacuation plans and exercises.CommentsClose CommentsPermalink
Sec. 303. Personnel management.CommentsClose CommentsPermalink
Sec. 304. Authorization of appropriations.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS.
In this Act--CommentsClose CommentsPermalink
(1) the term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency;CommentsClose CommentsPermalink
(2) the term ‘catastrophic disaster’ means a catastrophic disaster declared by the President under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act;CommentsClose CommentsPermalink
(3) the term ‘catastrophic incident’ has the meaning given that term in section 501 of the Homeland Security Act of 2002 (
(4) the term ‘major disaster’ means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATIONCommentsClose CommentsPermalink
TITLE I--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATIONCommentsClose CommentsPermalink
SEC. 101. DEFINITION OF MAJOR DISASTER.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(2) MAJOR DISASTER- The term ‘major disaster’ means any natural disaster (including a pandemic), act of terrorism, or other man-made disaster, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.’.CommentsClose CommentsPermalink
SEC. 102. OTHER DEFINITIONS.
(a) Stafford Act- Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in paragraph (10)(A), by inserting ‘child care,’ after ‘educational,’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(11) RECOVERY- The term ‘recovery’ has the meaning given that term in section 501 of the Homeland Security Act of 2002 (
6 U.S.C. 311 ).CommentsClose CommentsPermalink‘(12) NATIONAL DISASTER RECOVERY FRAMEWORK- The term ‘National Disaster Recovery Framework’ means the National Disaster Recovery Framework developed under section 655 of the Post-Katrina Emergency Management Reform Act of 2006.CommentsClose CommentsPermalink
‘(13) CATASTROPHIC INCIDENT- The term ‘catastrophic incident’ has the meaning given that term in section 501 of the Homeland Security Act of 2002 (
6 U.S.C. 311 ).CommentsClose CommentsPermalink‘(14) CATASTROPHIC DISASTER- The term ‘catastrophic disaster’ means a catastrophic disaster declared by the President under section 327.’.CommentsClose CommentsPermalink
(b) Homeland Security Act of 2002- Section 501 of the Homeland Security Act of 2002 (
(1) by redesignating paragraphs (9) through (14) as paragraphs (11) through (16), respectively;CommentsClose CommentsPermalink
(2) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively;CommentsClose CommentsPermalink
(3) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
‘(7) the term ‘National Disaster Recovery Framework’ 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 );’;CommentsClose CommentsPermalink
(4) in paragraph (9), as so redesignated, by striking ‘section 502(a)(6)’ and inserting ‘section 504(a)(6)’; andCommentsClose CommentsPermalink
(5) by inserting after paragraph (9), as so redesignated, the following:CommentsClose CommentsPermalink
‘(10) the term ‘recovery’ means the short and long term process of restoring, reshaping, and enhancing the resiliency of the physical, social, cultural, economic, and natural environments and services, government institutions, and the well-being of affected individuals;’.CommentsClose CommentsPermalink
SEC. 103. WAIVER OF ADMINISTRATIVE CONDITIONS.
Section 301 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by inserting ‘(a) IN GENERAL- ’ before ‘Any Federal agency’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Technical Assistance- The President shall provide technical assistance to State and local authorities to identify administrative conditions that may prevent the giving of assistance under a program described in subsection (a).’.CommentsClose CommentsPermalink
SEC. 104. USE AND COORDINATION OF RELIEF ORGANIZATIONS.
Section 309(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by striking ‘disaster relief’ and insert ‘preparedness, disaster relief, and recovery’;CommentsClose CommentsPermalink
(2) by striking ‘coordinated by the Federal coordinating officer’ and inserting ‘used or coordinated by the President before or’; andCommentsClose CommentsPermalink
(3) by striking ‘providing relief’ and inserting ‘performing preparedness, disaster relief, or recovery activities’.CommentsClose CommentsPermalink
SEC. 105. SELF-INSURANCE.
Section 311(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in the subsection heading, by inserting ‘or Local Government’ after ‘State’; andCommentsClose CommentsPermalink
(2) by inserting ‘or local government’ after ‘State’ each place it appears.CommentsClose CommentsPermalink
SEC. 106. AUTHORITIES AND RESPONSIBILITIES.
Section 504(a) of the Homeland Security Act of 2002 (
(1) in paragraph (3)(B), by striking ‘Support Team’ and all that follows through ‘when operating’ and inserting ‘Support Team and (when operating’; andCommentsClose CommentsPermalink
(2) in paragraph (4), by inserting ‘efficient, expeditious, and effective’ after ‘aiding the’.CommentsClose CommentsPermalink
SEC. 107. RECOVERY EFFORTS.
Section 402 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (D), by inserting ‘and’ after ‘measures;’;CommentsClose CommentsPermalink
(B) in subparagraph (E), by striking ‘and’ at the end; andCommentsClose CommentsPermalink
(C) by striking subparagraph (F);CommentsClose CommentsPermalink
(2) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(3) in paragraph (5)(B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) assist State and local governments to recover from a major disaster and coordinate Federal assistance for recovery from the major disaster by--CommentsClose CommentsPermalink
‘(A) identifying and coordinating Federal resources, programs, and agencies to support the implementation of recovery and mitigation efforts of State and local governments;CommentsClose CommentsPermalink
‘(B) providing technical and other advice to State and local governments to manage, control, and mitigate hazards and risk in a manner that reduces injuries, loss of life, damage to the environment, and damage and destruction of property, including damage to facilities;CommentsClose CommentsPermalink
‘(C) in the case of a catastrophic disaster, establishing a Commission under section 327; andCommentsClose CommentsPermalink
‘(D) providing financial and technical assistance and advice to State and local governments affected by a major disaster to--CommentsClose CommentsPermalink
‘(i) assess the social, economic, and environmental impact of the major disaster;CommentsClose CommentsPermalink
‘(ii) support coordinated and comprehensive planning that takes into account post-disaster assessments, hazard and risk modeling, and economic recovery; andCommentsClose CommentsPermalink
‘(iii) support and facilitate implementation of recovery plans and actions.’.CommentsClose CommentsPermalink
SEC. 108. COORDINATION OF RESPONSE AND RECOVERY.
Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (
‘SEC. 655. COORDINATION OF RESPONSE AND RECOVERY.
‘(a) In General- The Administrator shall ensure the preparedness of Federal agencies to respond to and support recovery from a natural disaster, act of terrorism, or other man-made disaster by--CommentsClose CommentsPermalink
‘(1) ensuring the development and implementation of the National Response Framework and the National Disaster Recovery Framework;CommentsClose CommentsPermalink
‘(2) ensuring Federal agencies with responsibilities under the National Response Framework and the National Disaster Recovery Framework are prepared to fulfill those responsibilities, including having appropriate staffing and training;CommentsClose CommentsPermalink
‘(3) coordinating the preparedness of Federal agencies with responsibilities under the National Disaster Response Framework and the National Disaster Recovery Framework; andCommentsClose CommentsPermalink
‘(4) resolving disagreements relating to response to and recovery from major disasters between Federal agencies with responsibilities under the National Disaster Response Framework and the National Disaster Recovery Framework, including disagreements relating to a particular major disaster and disagreements that arise before a major disaster is declared, except that after a catastrophic disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act) the chairperson of the Commission established under section 328 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to that catastrophic disaster shall have exclusive authority to exercise the authority under this paragraph for the catastrophic disaster.CommentsClose CommentsPermalink
‘(b) Disaster Response and Recovery Officials- The head of each Federal agency with major responsibilities under the National Response Framework or the National Disaster Recovery Framework, as determined by the Administrator, shall designate a senior official to--CommentsClose CommentsPermalink
‘(1) ensure the Federal agency is prepared to execute those response and recovery responsibilities; andCommentsClose CommentsPermalink
‘(2) coordinate response and recovery efforts and activities with the Administrator.’.CommentsClose CommentsPermalink
SEC. 109. DECLARATION OF A CATASTROPHIC DISASTER.
Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘SEC. 327. DECLARATION OF A CATASTROPHIC DISASTER.
‘(a) In General- The President may only declare a catastrophic disaster if--CommentsClose CommentsPermalink
‘(1) a catastrophic incident has occurred;CommentsClose CommentsPermalink
‘(2) the President has declared a major disaster relating to the catastrophic incident in a State;CommentsClose CommentsPermalink
‘(3) the State has requested that the President declare a catastrophic disaster;CommentsClose CommentsPermalink
‘(4) an independent panel of experts has issued a recommendation to the President concerning whether or not a catastrophic disaster should be declared; andCommentsClose CommentsPermalink
‘(5) the total estimated amount of Federal assistance to support response, recovery, and mitigation costs related to the catastrophic incident exceeds $1,000,000,000, as determined by the Administrator of the Federal Emergency Management Agency in coordination with the State.CommentsClose CommentsPermalink
‘(b) Panel-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President may establish an independent panel of experts (in this subsection referred to as the ‘panel’) which the President may convene upon receiving a reasonable request that the President declare a catastrophic disaster.CommentsClose CommentsPermalink
‘(2) MEMBERSHIP- The panel may be comprised of experts in emergency management, social and physical sciences, economics, engineering, demography, public health, and other appropriate fields.CommentsClose CommentsPermalink
‘(3) CONSIDERATIONS- In evaluating a request that the President declare a catastrophic disaster, the panel shall consider--CommentsClose CommentsPermalink
‘(A) the number of homes damaged or destroyed;CommentsClose CommentsPermalink
‘(B) the number of public facilities damaged or destroyed;CommentsClose CommentsPermalink
‘(C) the number of businesses damaged or destroyed;CommentsClose CommentsPermalink
‘(D) the ability of survivors to access social services, health care, and education;CommentsClose CommentsPermalink
‘(E) the economic impact to affected communities and region as a whole, including State and local government tax revenues;CommentsClose CommentsPermalink
‘(F) the number of displaced survivors and their location;CommentsClose CommentsPermalink
‘(G) the quantity of available and affordable housing;CommentsClose CommentsPermalink
‘(H) the damage to the transportation, utilities, and communications infrastructure; andCommentsClose CommentsPermalink
‘(I) any other factor relating to the impact of the catastrophic incident.CommentsClose CommentsPermalink
‘(4) INFORMATION- The panel--CommentsClose CommentsPermalink
‘(A) shall consider information provided by the State requesting that the President declare a catastrophic disaster and by the Administrator of the Federal Emergency Management Agency; andCommentsClose CommentsPermalink
‘(B) may solicit or accept additional information, in order to make an informed recommendation to the President.CommentsClose CommentsPermalink
‘(5) RECOMMENDATION- The panel shall make a recommendation regarding whether the President should declare a catastrophic disaster as soon as is practicable after the panel considers relevant data and information regarding the scale and impact of the catastrophic incident.CommentsClose CommentsPermalink
‘(6) ADMINISTRATION-CommentsClose CommentsPermalink
‘(A) FACA- The Federal Advisory Committee Act (5 U.S.C. App) shall apply to the panel, except that sections 10(a)(2) and 14 of that Act shall not apply.CommentsClose CommentsPermalink
‘(B) STATUS- Members of the panel shall be considered special Government employees (as defined in
section 202(a) of title 18, United States Code ).CommentsClose CommentsPermalink‘(C) COMPENSATION AND TRAVEL EXPENSES-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Members of the panel shall serve without compensation.CommentsClose CommentsPermalink
‘(ii) TRAVEL EXPENSES- Members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the panel.CommentsClose CommentsPermalink
‘(7) REGULATIONS- Not later than 18 months after the date of enactment of the Disaster Recovery Act of 2011, the President shall prescribe regulations relating to the composition and operating procedures of the panel.CommentsClose CommentsPermalink
‘(8) REPORT- Not later than 10 days after the date on which the President declares a catastrophic disaster in the absence of a recommendation to do so from the panel, the President shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining the decision.CommentsClose CommentsPermalink
‘SEC. 328. FEDERAL LEADERSHIP FOLLOWING A CATASTROPHIC DISASTER.
‘(a) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the term ‘Chairperson’ means the Chairperson of a Commission selected under subsection (c); andCommentsClose CommentsPermalink
‘(2) the term ‘Commission’ means a Commission established under subsection (b).CommentsClose CommentsPermalink
‘(b) Establishment- Immediately following the declaration of a catastrophic disaster, the President shall establish a Commission to facilitate and support State and local governments in achieving an efficient, effective, and expeditious recovery from the catastrophic disaster.CommentsClose CommentsPermalink
‘(c) Chairperson- The President shall select an official to serve as the Chairperson of each Commission to ensure the responsibilities of the Commission are fulfilled. The Chairperson shall have the authority to direct any Federal agency, in accordance with Congressional reprogramming requirements, to use the authorities and resources granted to the Federal agency under Federal law in support of the efficient, expeditious, and effective recovery from a catastrophic disaster.CommentsClose CommentsPermalink
‘(d) Members- Each Commission shall include as a member the Administrator of the Federal Emergency Management Agency, the head of each Federal agency with major responsibilities under the National Disaster Recovery Framework, and the head of any other Federal agency that the President determines necessary.CommentsClose CommentsPermalink
‘(e) Staffing- The Administrator of the Federal Emergency Management Agency and the head of each Federal agency with responsibilities under the National Disaster Recovery Framework shall each detail to each Commission a sufficient number of senior officials with decision making authority and other employees who shall serve full time on the Commission to ensure efficient administration of the assistance provided by the Federal Government.CommentsClose CommentsPermalink
‘(f) Responsibilities of a Commission- A Commission shall--CommentsClose CommentsPermalink
‘(1) develop a strategic approach to the recovery from the catastrophic disaster and coordinate the activities of Federal agencies with responsibilities under the National Disaster Recovery Framework and other Federal agencies that the President determines shall assist in the recovery;CommentsClose CommentsPermalink
‘(2) lead the development and monitor the implementation of a strategic plan under subsection (g);CommentsClose CommentsPermalink
‘(3) resolve disagreements relating to recovery from the catastrophic disaster between or among Federal agencies with responsibilities under the National Disaster Recovery Framework and any other Federal agency assisting in the recovery and assign responsibility in specific instances;CommentsClose CommentsPermalink
‘(4) compile data on the amount of Federal assistance that State and local governments receive relating to the catastrophic disaster and the activities the Federal assistance is used to carry out;CommentsClose CommentsPermalink
‘(5) identify relevant recovery metrics based on the recovery goals established by State and local governments, in coordination with the Federal Government, and measure progress in the recovery based on the metrics not less frequently than 2 times each year;CommentsClose CommentsPermalink
‘(6) consult with and coordinate delivery of Federal assistance to support the recovery efforts of State and local governments, nonprofit organizations, and other private sector organizations;CommentsClose CommentsPermalink
‘(7) identify agency regulations, policies, and procedures that need to be streamlined and coordinated to enable an efficient, expeditious, and effective recovery from the catastrophic disaster;CommentsClose CommentsPermalink
‘(8) identify unmet needs and ways to meet the needs;CommentsClose CommentsPermalink
‘(9) review consolidated requests for Federal assistance submitted under section 329(b);CommentsClose CommentsPermalink
‘(10) identify and facilitate the provision of Federal funds to address gaps in the recovery from the catastrophic disaster;CommentsClose CommentsPermalink
‘(11) work with State and local governments affected by the catastrophic disaster to incorporate into the efforts to recover from the catastrophic disaster actions that will mitigate the effects of and foster resilience in the event of a subsequent disaster; andCommentsClose CommentsPermalink
‘(12) take reasonable actions to prevent waste, fraud, and abuse relating to the catastrophic disaster.CommentsClose CommentsPermalink
‘(g) Recovery Plan-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 90 days after the date on which the President declares a catastrophic disaster, the Commission established in relation to the catastrophic disaster shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a strategic plan for how the Federal Government will expeditiously assist State and local governments in the recovery of the area affected by the catastrophic disaster.CommentsClose CommentsPermalink
‘(2) CONTENTS- Each strategic plan submitted under paragraph (1) shall be written in coordination with State and local governments affected by the catastrophic disaster and shall include--CommentsClose CommentsPermalink
‘(A) an up to date description of the scope of damage caused by the catastrophic disaster and the number of survivors of the catastrophic disaster in need of assistance;CommentsClose CommentsPermalink
‘(B) an assessment of challenges and needs faced in the recovery from the catastrophic disaster;CommentsClose CommentsPermalink
‘(C) a plan for assisting survivors of the catastrophic disaster in obtaining temporary, interim, and permanent housing (including the repair of rental housing);CommentsClose CommentsPermalink
‘(D) a description of how Federal agencies will support State and local governments in the recovery efforts, including technical, financial, and planning assistance, and the roles and responsibilities of each Federal agency in fulfilling the strategic plan;CommentsClose CommentsPermalink
‘(E) a description of how each Federal agency on the Commission will administer and provide staffing for the recovery from the catastrophic disaster in order to ensure the expeditious and effective implementation of the strategic plan;CommentsClose CommentsPermalink
‘(F) a description of any procedures of a Federal agency that will be streamlined to help ensure an efficient and effective recovery from the catastrophic disaster; andCommentsClose CommentsPermalink
‘(G) a description of any legislative authority needed to help ensure an efficient, expeditious, and effective recovery from the catastrophic disaster.CommentsClose CommentsPermalink
‘(3) UPDATE- Not later than 180 days after the date on which a Commission submits a strategic plan under paragraph (1), and every 180 days thereafter until the date on which the Commission terminates under subsection (h), the Commission shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate a report describing--CommentsClose CommentsPermalink
‘(A) progress in the recovery from the catastrophic disaster since the date on which the most recent strategic plan or report relating to the catastrophic disaster was submitted;CommentsClose CommentsPermalink
‘(B) major challenges and unmet needs remaining in the recovery from the catastrophic disaster;CommentsClose CommentsPermalink
‘(C) any changes or adjustments to the strategic plan submitted under paragraph (1) relating to the catastrophic disaster;CommentsClose CommentsPermalink
‘(D) how each Federal agency on the Commission will continue to administer and provide staffing for the recovery from the catastrophic disaster in order to ensure the expeditious and effective implementation of the strategic plan submitted under paragraph (1); andCommentsClose CommentsPermalink
‘(E) any legislative authority needed to help ensure an efficient, expeditious, and effective recovery from the catastrophic disaster.CommentsClose CommentsPermalink
‘(h) Termination-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President shall terminate a Commission established in relation to a catastrophic disaster when the President determines that all issues relating to the Federal coordination of the recovery from the catastrophic disaster have been substantially resolved.CommentsClose CommentsPermalink
‘(2) WITHDRAWAL- Upon a determination by the President that the matters with which a Federal agency has been involved as part of a Commission have been substantially resolved, the Federal agency may withdraw from the Commission.CommentsClose CommentsPermalink
‘(i) Recovery Joint Field Offices-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President shall establish recovery joint field offices in an area after a catastrophic disaster for an appropriate period of time to support recovery from the catastrophic disaster.CommentsClose CommentsPermalink
‘(2) ASSIGNMENT OF EMPLOYEES- Each Federal agency on the Commission established in relation to the catastrophic disaster shall assign a sufficient number of employees to each recovery joint field office established under paragraph (1) to assist State and local governments in the efficient, expeditious, and effective recovery from the catastrophic disaster.’.CommentsClose CommentsPermalink
SEC. 110. IMPROVING DISTRIBUTION OF FEDERAL DISASTER ASSISTANCE.
Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘SEC. 329. IMPROVING DISTRIBUTION OF FEDERAL DISASTER ASSISTANCE.
‘(a) Catalog of Federal Disaster Assistance-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the President shall develop a catalog of Federal disaster assistance that--CommentsClose CommentsPermalink
‘(A) includes summaries of the Federal programs that support disaster relief, recovery, and mitigation; andCommentsClose CommentsPermalink
‘(B) uses a common format that contains information about each Federal program described in subparagraph (A), including--CommentsClose CommentsPermalink
‘(i) the name of the Federal program;CommentsClose CommentsPermalink
‘(ii) the Federal agency carrying out the Federal program, including contact information;CommentsClose CommentsPermalink
‘(iii) the purpose or a description of the Federal program;CommentsClose CommentsPermalink
‘(iv) citations or Internet addresses for or links to the statutes, regulations, and rules governing the Federal program; andCommentsClose CommentsPermalink
‘(v) the eligibility requirements, application instructions, and allowable and prohibited uses of funds under the Federal program.CommentsClose CommentsPermalink
‘(2) UPDATES- The President shall annually update the catalog of Federal disaster assistance developed under paragraph (1).CommentsClose CommentsPermalink
‘(b) Consolidated Request for Federal Assistance- Not later than 1 year after the date of enactment of this section, the President shall develop a single application process for voluntary use by State, local, and tribal governments and private nonprofit entities to request Federal disaster assistance from the Federal programs identified under subsection (a)(1)(A).CommentsClose CommentsPermalink
‘(c) Recovery Metrics- Not later than 1 year after the date of enactment of this section, the President shall establish and implement procedures to monitor disaster recovery indicators after a catastrophic disaster, including--CommentsClose CommentsPermalink
‘(1) population changes by neighborhood (including demographics);CommentsClose CommentsPermalink
‘(2) housing availability and affordability;CommentsClose CommentsPermalink
‘(3) restoration of utilities and transportation infrastructure;CommentsClose CommentsPermalink
‘(4) economic activity;CommentsClose CommentsPermalink
‘(5) job growth;CommentsClose CommentsPermalink
‘(6) State and local tax revenues; andCommentsClose CommentsPermalink
‘(7) access to critical services, including education, health care, mental health services, child care, and police and fire protection.’.CommentsClose CommentsPermalink
SEC. 111. PRE-INCIDENT PLANNING.
Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘SEC. 330. PRE-INCIDENT PLANNING.
‘(a) Pre-Incident Plans- If, at the time of a declaration of a major disaster, a State or local government has in effect a recovery plan that has been approved under this section, the President shall increase by 10 percentage points the Federal share of assistance under sections 406, 407, and 408(e), as appropriate depending on the contents of the approved plan.CommentsClose CommentsPermalink
‘(b) Factors for Consideration- In determining whether to approve a recovery plan submitted by a State or local government under subsection (a) and whether and by what percentage to increase the Federal share under subsection (a), the President shall consider whether the State or local government has--CommentsClose CommentsPermalink
‘(1) established procedures for debris management, including having entered into contracts for debris removal, identified sites to support debris processing, storage, and transfer, and established procedures for collection of right-of-entry forms;CommentsClose CommentsPermalink
‘(2) established procedures for temporary housing for disaster survivors and for transitioning disaster survivors to permanent housing, including by rebuilding adequate rental properties;CommentsClose CommentsPermalink
‘(3) established a leadership structure to manage recovery efforts, including identifying roles and responsibilities among leaders and State and local agencies;CommentsClose CommentsPermalink
‘(4) established a post-disaster planning process and structure that integrates community stakeholders into recovery efforts;CommentsClose CommentsPermalink
‘(5) identified and prioritized actions that need to be taken before another major disaster to reduce the impact of the major disaster;CommentsClose CommentsPermalink
‘(6) identified and prioritized actions to be taken after a major disaster to help ensure an efficient, expeditious, and effective recovery;CommentsClose CommentsPermalink
‘(7) identified potential barriers to a timely recovery and put in place emergency waivers and authorities that will overcome these barriers during recovery;CommentsClose CommentsPermalink
‘(8) developed procedures and mechanisms for implementing the recovery, including for the staffing of recovery efforts;CommentsClose CommentsPermalink
‘(9) identified methods of obtaining mutual assistance and other peer-to-peer aid to support recovery efforts; andCommentsClose CommentsPermalink
‘(10) adopted mechanisms to facilitate the timely and proper payment of claims by insurance companies for damages relating to the major disaster.’.CommentsClose CommentsPermalink
TITLE II--MAJOR DISASTER ASSISTANCE PROGRAMSCommentsClose CommentsPermalink
TITLE II--MAJOR DISASTER ASSISTANCE PROGRAMSCommentsClose CommentsPermalink
SEC. 201. ESSENTIAL ASSISTANCE.
Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘medicine medical equipment,,’ each place it appears and inserting ‘medicine, medical equipment,’; andCommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) in subparagraph (D), by inserting ‘, child care facilities, libraries,’ after ‘schools’;CommentsClose CommentsPermalink
(ii) in subparagraph (E), by inserting ‘inspection of damaged structures and’ before ‘demolition’;CommentsClose CommentsPermalink
(iii) by striking the second subparagraph designated as subparagraph (J), as added by section 4 of the Pets Evacuation and Transportation Standards Act of 2006 (
(iv) in subparagraph (J)--CommentsClose CommentsPermalink
(I) in the matter preceding clause (i), by inserting ‘giving special consideration to the’ before ‘provision’;CommentsClose CommentsPermalink
(II) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(III) in clause (ii), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(IV) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) to children; andCommentsClose CommentsPermalink
‘(iv) to individuals with disabilities or other special needs.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Emergency Shelter- The President may extend the period during which emergency shelter is provided under this section if the President determines that timely transition into housing assistance authorized under section 408 is not practicable or that an extension is necessary to meet housing needs after the major disaster.CommentsClose CommentsPermalink
‘(e) Salaries and Benefits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President may reimburse a State or local government for costs relating to pay and benefits (including overtime and hazardous duty pay) for permanent employees of the State or local government conducting emergency protective measures under this section.CommentsClose CommentsPermalink
‘(2) FAIR LABOR STANDARDS- The guidelines for reimbursement for employees that a recipient of assistance under paragraph (1) is contractually obligated to pay shall be consistent with the Fair Labor Standards Act of 1938 (
29 U.S.C. 201 et seq.).’.CommentsClose CommentsPermalink
SEC. 202. VOLUNTEERS.
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by redesignating section 425 (
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 428. VOLUNTEERS.
‘Upon request by a State, the President may provide temporary housing for volunteers who are assisting in response and recovery efforts from a major disaster if the President determines the assistance is appropriate, cost-effective, and would not unduly interfere with the ability of the President to provide housing to emergency response providers (as defined in section 2 of the Homeland Security Act of 2002 (
6 U.S.C. 101 )) or to individuals or households eligible for housing assistance under this Act.’.CommentsClose CommentsPermalink
SEC. 203. HAZARD MITIGATION.
(a) In General- Section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(4) CONSISTENCY OF ELIGIBLE ACTIVITIES-CommentsClose CommentsPermalink
‘(A) DEFINITION- In this paragraph, the term ‘covered hazard mitigation measure’--CommentsClose CommentsPermalink
‘(i) means a hazard mitigation measure that--CommentsClose CommentsPermalink
‘(I) is an eligible use of funds under a mitigation grant program under a provision of law other than this section;CommentsClose CommentsPermalink
‘(II) is administered by the Administrator of the Federal Emergency Management Agency; andCommentsClose CommentsPermalink
‘(III) meets the requirements under subsection (a); andCommentsClose CommentsPermalink
‘(ii) includes demolition and rebuilding.CommentsClose CommentsPermalink
‘(B) USE OF FUNDS- A covered hazard mitigation measure shall be eligible to receive assistance under the program under this section.’.CommentsClose CommentsPermalink
(b) Procedures and Other Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(d) Streamlined Procedures- For purposes of providing assistance under this section, the President may establish streamlined procedures, including procedures for consideration of multiple structures as a group and for an analysis of the environmental impacts, historical impacts, cost-effectiveness, and fulfillment of cost-share requirements for proposed hazard mitigation measures.CommentsClose CommentsPermalink
‘(e) Additional Mitigation Assistance-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If, on the date on which the President declares a major disaster, a State affected by the major disaster has in effect, and is actively enforcing throughout the State, a State building code that has been approved under paragraph (2), the President shall increase the Federal share of assistance under this section, notwithstanding the maximum total of contributions under this section for the major disaster, as determined in accordance with subsection (a) and section 322(e), by an amount equal to 10 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) to the State under this Act with respect to the major disaster.CommentsClose CommentsPermalink
‘(2) APPROVAL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President shall approve a State building code if the President determines that the building code--CommentsClose CommentsPermalink
‘(i) is consistent with a nationally-recognized model building code in effect on the date of the determination; andCommentsClose CommentsPermalink
‘(ii) was adopted by the State during the 6-year period beginning on the date on which the nationally-recognized model building code described in clause (i) went into effect.CommentsClose CommentsPermalink
‘(B) PERIODIC UPDATES- The President shall, by regulation, set appropriate standards for the periodic update, resubmission, and reapproval of a State building code approved by the President under this paragraph that are consistent with similar requirements relating to mitigation planning under section 322.CommentsClose CommentsPermalink
‘(3) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
‘(A) ACTIVELY ENFORCING- The term ‘actively enforcing’ means that the structural provisions of a State building code are being effectively implemented in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation.CommentsClose CommentsPermalink
‘(B) NATIONALLY-RECOGNIZED MODEL BUILDING CODE- The term ‘nationally-recognized model building code’ means a building code for residential and commercial construction and construction materials that--CommentsClose CommentsPermalink
‘(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; andCommentsClose CommentsPermalink
‘(ii) is based on national structural design standards that establish minimum acceptable criteria for the design and construction of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building’s users against natural disasters.CommentsClose CommentsPermalink
‘(C) STATE BUILDING CODE- The term ‘State building code’ means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance, which shall, at a minimum, include that such requirements and associated standards shall apply to construction-related activities of residential or commercial building contractors, engineers, architects, and designers applicable to the structural safety, design, and construction of residential, commercial, and industrial structures.CommentsClose CommentsPermalink
‘(4) REGULATIONS- Not later than 1 year after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
‘(f) Advance Assistance- The President may provide not more than 10 percent of the amount of the estimated cost of hazard mitigation measures to an entity eligible for a grant under this section if the entity--CommentsClose CommentsPermalink
‘(1) indicates the entity intends to implement hazard mitigation measures; andCommentsClose CommentsPermalink
‘(2) requests funds for the hazard mitigation measures before the costs are incurred by the entity.CommentsClose CommentsPermalink
‘(g) Cost Effectiveness- For purposes of evaluating whether a hazard mitigation measure is cost-effective, any costs incurred to conduct a federally required review of the environmental or historic impact or cost-effectiveness of a hazard mitigation measure shall not be included as a cost of the hazard mitigation measure.CommentsClose CommentsPermalink
‘(h) Reimbursement for Residential Mitigation Measures- The President may provide assistance to homeowners for otherwise eligible structural measures for a residence damaged by the major disaster for which the hazard mitigation assistance is made available, regardless of whether the homeowner commenced work on the measures before approval of the measures.’.CommentsClose CommentsPermalink
(2) CRITERIA FOR ASSISTANCE AWARDS- Section 203(g) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(A) in paragraph (9), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (10) as paragraph (11); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (9) the following:CommentsClose CommentsPermalink
‘(10) the extent to which the State or local government is carrying out activities to implement a State building code approved under section 404(e); and’.CommentsClose CommentsPermalink
(c) Establishment of Criteria Relating to Administration of Hazard Mitigation Assistance by States- Not later than 180 days after the date of enactment of this Act, the President shall establish the criteria required under section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(d) Report- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report, developed in consultation with State and local governments, that--CommentsClose CommentsPermalink
(1) identifies obstacles to more timely distribution of funds under the hazard mitigation program under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2) provides proposals to overcome any obstacles identified under paragraph (1), including whether the obstacles are related to specific provisions of that Act; andCommentsClose CommentsPermalink
(3) assesses the feasibility of developing a uniform application process for all forms of mitigation assistance authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(A) the hazard mitigation program under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(B) the predisaster hazard mitigation program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(C) the severe repetitive loss program under section 1361A of the National Flood Insurance Act of 1968 (
(D) the flood mitigation assistance program under section 1366 of the National Flood Insurance Act of 1968 (
SEC. 204. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
(a) In General- Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in subsection (a)(3)(B), by striking ‘and emergency medical care’ and inserting ‘emergency medical care, and child care’;CommentsClose CommentsPermalink
(2) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
‘(c) Large In-Lieu Contributions-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In any case in which a State, local government, or owner or operator of a private nonprofit facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the State, local government, or person who owns or operates a private nonprofit facility may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.CommentsClose CommentsPermalink
‘(2) USE OF FUNDS- Funds contributed to a State, local government, or person under this subsection may be used--CommentsClose CommentsPermalink
‘(A) to repair, restore, or expand other selected facilities owned or operated by the State, local government, or person;CommentsClose CommentsPermalink
‘(B) to construct new facilities to be owned or operated by the State, local government, or person; orCommentsClose CommentsPermalink
‘(C) to fund hazard mitigation measures that the State, local government, or person determines to be necessary to meet a need for services and functions provided by the State, local government, or person in the area affected by the major disaster.CommentsClose CommentsPermalink
‘(3) LIMITATIONS- Funds made available to a State, local government, or person under this subsection may not be used for--CommentsClose CommentsPermalink
‘(A) any facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); orCommentsClose CommentsPermalink
‘(B) any uninsured facility located in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (
42 U.S.C. 4001 et seq.).’;CommentsClose CommentsPermalink(3) in subsection (e)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A)--CommentsClose CommentsPermalink
(i) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(ii) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) giving consideration to any energy savings associated with the proposed design, repair, restoration, reconstruction, or replacement.’;CommentsClose CommentsPermalink
(B) in paragraph (3)(C)--CommentsClose CommentsPermalink
(i) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(ii) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) procedures to effect the reimbursement of funds under paragraph (2)(B)(ii).’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) EXPEDITED PAYMENTS-CommentsClose CommentsPermalink
‘(A) GRANT ASSISTANCE- In making a contribution under subparagraph (A) or (B) of subsection (a)(1), the President shall provide an initial payment of the full amount of the Federal share of the eligible cost, based on the initial estimate conducted in accordance with paragraph (1)(A).CommentsClose CommentsPermalink
‘(B) DATE OF PAYMENT- An initial payment described in subparagraph (A) shall be paid not later than 60 days after the date on which the estimate described in paragraph (1) is completed.’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(f) Project Consolidation- The President may consider all facilities that serve the same function for a single State or local government or an owner or operator of a private nonprofit facility as a single project and provide a single payment for all eligible costs or estimates of eligible costs conducted in accordance with subsection (e)(1)(A) relating to the facilities under this section.CommentsClose CommentsPermalink
‘(g) Flood of Record- The President may provide a State, local government, or person that owns or operates a private nonprofit facility in a special flood hazard area that is eligible for replacement as a result of disaster-related damage with a contribution under this section for the full amount of the Federal share of the cost to repair, restore, reconstruct, or replace a facility to withstand the highest flood recorded at the site of the facility, if the difference in cost between elevation to the flood of record and elevation to the base flood elevation does not exceed 25 percent of the total project cost.CommentsClose CommentsPermalink
‘(h) Anticipated Insurance Benefits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President may not reduce the amount of Federal assistance under this section by an amount greater than 50 percent of the anticipated insurance benefits of the recipient of the Federal assistance if the recipient--CommentsClose CommentsPermalink
‘(A) has requested and has not received the anticipated insurance benefits on the date on which the recipient receives Federal assistance;CommentsClose CommentsPermalink
‘(B) agrees to diligently pursue insurance benefits for damages for which Federal assistance is available under this section; andCommentsClose CommentsPermalink
‘(C) agrees to timely repay all duplicative assistance to the agency providing the Federal assistance.CommentsClose CommentsPermalink
‘(2) RECOUPMENT- The Administrator shall establish procedures to recoup assistance from applicants that fail to request and diligently pursue insurance benefits that would duplicate Federal assistance for damages provided under this section.’.CommentsClose CommentsPermalink
(b) Issuance of Regulations Relating to Eligible Cost- Not later than 180 days after the date of enactment of this Act, the President shall issue and begin implementation of the regulations required under section 406(e)(3)(C) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 205. DEBRIS REMOVAL.
Section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(f) Debris Recycling-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A recipient of a grant under subsection (a)(2) may use amounts made available under the grant for the costs of recycling debris and wreckage resulting from a major disaster, including the sorting of such materials.CommentsClose CommentsPermalink
‘(2) VALUE OF SALVAGED MATERIAL-CommentsClose CommentsPermalink
‘(A) RETENTION OF FINANCIAL BENEFITS- A recipient of a grant under subsection (a)(2) may retain any financial benefit received from the salvage of recycled debris or wreckage.CommentsClose CommentsPermalink
‘(B) TREATMENT OF FINANCIAL BENEFITS- Any financial benefit described in subparagraph (A) shall not be considered to be income for purposes of section 13.25 of title 44, Code of Federal Regulations (or any successor thereto).CommentsClose CommentsPermalink
‘(g) Salaries and Benefits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President may reimburse a State or local government for costs relating to pay and benefits (including overtime and hazardous duty pay) for permanent employees of the State or local government conducting debris removal.CommentsClose CommentsPermalink
‘(2) FAIR LABOR STANDARDS- The guidelines for reimbursement for employees that a recipient of assistance under paragraph (1) is contractually obligated to pay shall be consistent with the Fair Labor Standards Act of 1938 (
29 U.S.C. 201 et seq.).’.CommentsClose CommentsPermalink
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘The President may’ and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President may’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) SHARED HOUSEHOLDS-CommentsClose CommentsPermalink
‘(i) DEFINITION- In this subparagraph, the term ‘member of the predisaster household’ means an individual who was a member of the predisaster household of the individual or household seeking assistance under this section, as the case may be.CommentsClose CommentsPermalink
‘(ii) ELIGIBILITY FOR SHARED HOUSEHOLDS- The President may not deny assistance to an individual or household under this section because a member of the predisaster household has already received assistance under this section if the individual or household seeking assistance--CommentsClose CommentsPermalink
‘(I) has evacuated the predisaster residence of that individual or household and, due to space constraints or for other good cause (as determined by the President), resides in a different location than a member of the predisaster household that has already received assistance under this section;CommentsClose CommentsPermalink
‘(II) is a victim of domestic violence, as defined under section 40002(a)(6) of the Violence Against Women Act of 1994 (
42 U.S.C. 13925(a)(6) ) and, in order to protect the safety of the individual or household, or because of family or household dissolution or divorce, resides in a different residence than the member of the predisaster household that has already received assistance under this section; orCommentsClose CommentsPermalink‘(III) has other good cause, as determined by the President, for maintaining a separate household from the member of the predisaster household that has already received assistance under this section.CommentsClose CommentsPermalink
‘(iii) PROCEDURES- Not later than 1 year after the date of enactment of the Disaster Recovery Act of 2011, the President shall establish procedures to verify eligibility for a qualifying exception under clause (ii).’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) ELIGIBILITY OF HEIRS- If the owner of an owner-occupied private residence dies, an heir shall be eligible for assistance under paragraphs (2) and (3) of subsection (c) in place of the deceased owner if the heir--CommentsClose CommentsPermalink
‘(A) resided in the residence on the date of the major disaster; andCommentsClose CommentsPermalink
‘(B) is taking legal possession of the residence.’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) by redesignating subparagraph (B) as subparagraph (E); andCommentsClose CommentsPermalink
(ii) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) REPAIRS- The President may repair rental units for occupation by individuals and households eligible for assistance under this section. The President shall prescribe rules and regulations to carry out this subparagraph, which shall include consideration of cost-effectiveness, convenience to the individuals and households, and such other factors as the President determines appropriate.CommentsClose CommentsPermalink
‘(C) CATASTROPHIC DISASTERS- For a catastrophic disaster, the President may provide direct assistance for repairs under subparagraph (A)(i) if the President determines that the assistance--CommentsClose CommentsPermalink
‘(i) is appropriate; andCommentsClose CommentsPermalink
‘(ii)(I) is cost-effective as compared to available alternative housing options; orCommentsClose CommentsPermalink
‘(II) would be beneficial in expediting the recovery from the catastrophic disaster.CommentsClose CommentsPermalink
‘(D) EXCEPTION FROM LIMITATIONS- The President may provide assistance under subparagraph (C) in an amount equal to not more than twice the maximum amount otherwise authorized under subsection (h) or section 307(a)(1).’;CommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) by inserting ‘for a major disaster’ after ‘the continental United States’; andCommentsClose CommentsPermalink
(ii) by striking ‘in other locations’ and all that follows and inserting ‘in other locations for a catastrophic disaster.’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) TEMPORARY MORTGAGE AND RENTAL PAYMENTS-CommentsClose CommentsPermalink
‘(A) DEFINITION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In this paragraph, the term ‘eligible individual or household’ means an individual or household that--CommentsClose CommentsPermalink
‘(I) experienced a net loss of not less than 25 percent of the predisaster income of the individual or household as a result of a major disaster;CommentsClose CommentsPermalink
‘(II) has a rent or mortgage payment in an amount not less than 25 percent of the post-disaster income of the individual or household; andCommentsClose CommentsPermalink
‘(III) has a lease or mortgage on a primary residence within an area for which the major disaster has been declared.CommentsClose CommentsPermalink
‘(ii) CALCULATION- In calculating the net loss of predisaster income, the President shall account for insurance proceeds received due to loss of employment.CommentsClose CommentsPermalink
‘(B) AUTHORITY- The President may provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of an eligible individual or household that, as a result of financial hardship caused by a major disaster, is subject to dispossession or eviction from the residence by reason of the foreclosure of any mortgage or lien or the termination of any lease entered into before the date of the major disaster.CommentsClose CommentsPermalink
‘(C) AGREEMENTS- The President may direct appropriate Federal agencies and enter into agreements with private organizations to administer assistance provided under this paragraph.CommentsClose CommentsPermalink
‘(D) MAXIMUM PERIOD- If the President provides assistance to an eligible individual or household under this paragraph, the President shall provide assistance for the duration of the period of financial hardship, not to exceed 18 months.CommentsClose CommentsPermalink
‘(E) MAXIMUM AMOUNTS- The President may not provide assistance to an eligible individual or household under this paragraph--CommentsClose CommentsPermalink
‘(i) in a total amount that is more than the maximum amount of assistance under subsection (h); orCommentsClose CommentsPermalink
‘(ii) for any month, in an amount that is more than the amount of monthly income loss of the eligible individual or household.’;CommentsClose CommentsPermalink
(3) in subsection (d)(1)(B), by striking ‘or accessible’ and inserting ‘, accessible, or convenient to schools, health care facilities, child care centers, grocery stores, public transportation, or other essential community services other than housing resources’;CommentsClose CommentsPermalink
(4) in subsection (e)(1)--CommentsClose CommentsPermalink
(A) in the paragraph heading, by inserting ‘CHILD CARE,’ after ‘DENTAL,’; andCommentsClose CommentsPermalink
(B) by inserting ‘child care,’ after ‘dental,’;CommentsClose CommentsPermalink
(5) in subsection (h)(1), by inserting before the period at the end ‘, except that for a catastrophic disaster, the President may increase the maximum amount of assistance to be not more than twice the amount equal to the otherwise applicable maximum amount under this subsection, if the President determines that due to extraordinary circumstances an increase is in the public interest’;CommentsClose CommentsPermalink
(6) in subsection (i)--CommentsClose CommentsPermalink
(A) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) record and verify information on all assistance under this section that an individual or household has received or applied for relating to a single major disaster.’;CommentsClose CommentsPermalink
(7) by redesignating subsection (j) as subsection (k); andCommentsClose CommentsPermalink
(8) by inserting after subsection (i) the following:CommentsClose CommentsPermalink
‘(j) Federal Agency Agreement-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the Disaster Recovery Act of 2011, the Administrator of the Federal Emergency Management Agency, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the heads of other appropriate Federal agencies (as determined by the President) shall enter into an agreement that--CommentsClose CommentsPermalink
‘(A) identifies the appropriate roles and responsibilities of each agency for housing assistance under this section; andCommentsClose CommentsPermalink
‘(B) establishes procedures necessary to provide housing assistance available under this section.CommentsClose CommentsPermalink
‘(2) ADMINISTRATION OF AGREEMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The agreement entered under paragraph (1) shall be updated by the Federal agencies participating in the agreement as needed, but not less frequently than once every 5 years. In updating an agreement under this subparagraph, the Federal agencies shall seek to constructively address issues relating to providing or overseeing the provision of assistance under the program under this section that emerged during management of disaster relief programs, including training or resources for public housing agencies.CommentsClose CommentsPermalink
‘(B) CONSISTENCY- The Federal agencies participating in the agreement entered under paragraph (1) shall ensure that housing assistance under this section is provided and administered in a manner consistent with the National Disaster Recovery Framework and the National Disaster Housing Strategy developed under section 683 of the Post-Katrina Emergency Management Reform Act of 2006 (
6 U.S.C. 772 ).CommentsClose CommentsPermalink‘(C) INVENTORY- The President shall develop a national inventory of federally owned housing units to facilitate the administration of housing assistance available under this section.CommentsClose CommentsPermalink
‘(D) TECHNICAL ASSISTANCE- The President may provide technical assistance and preparedness support to public housing agencies to facilitate the administration of housing assistance under subsection (c).’.CommentsClose CommentsPermalink
SEC. 207. CRISIS COUNSELING AND ASSISTANCE TRAINING PROGRAM.
(a) In General- Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by inserting ‘and treatment’ after ‘counseling services’; andCommentsClose CommentsPermalink
(2) by striking ‘victims’ and inserting ‘survivors’.CommentsClose CommentsPermalink
(b) Regulations- Not later than 180 days after the date of enactment of this Act, the President shall promulgate updated regulations to improve the delivery of mental health services, extend timeframes for the delivery of services, and provide for appropriate administrative costs to service providers under section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by subsection (a).CommentsClose CommentsPermalink
SEC. 208. COMMUNITY DISASTER LOANS.
Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in subsection (a), by inserting ‘, subject to subsection (b),’ before ‘has demonstrated’;CommentsClose CommentsPermalink
(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;CommentsClose CommentsPermalink
(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Expedient Disbursal-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), the President shall develop procedures under which an initial disbursement of a loan under subsection (a) shall be made to a local government--CommentsClose CommentsPermalink
‘(A) not later than 14 days after the date on which the President receives a request for the loan; andCommentsClose CommentsPermalink
‘(B) in an amount sufficient to ensure the local government may--CommentsClose CommentsPermalink
‘(i) continue to provide governmental services; andCommentsClose CommentsPermalink
‘(ii) retain and hire personnel necessary to support response and recovery.CommentsClose CommentsPermalink
‘(2) DEMONSTRATED NEED NOT YET ESTABLISHED- If a local government agrees to return an initial disbursement under paragraph (1) in the event that the local government does not demonstrate a need for financial assistance within 180 days after the date of an initial disbursement, the President shall make an initial disbursement under paragraph (1) without regard to whether the local government has established a demonstrated need for financial assistance.CommentsClose CommentsPermalink
‘(3) RECOUPMENT OF LOAN PROCEEDS FOR FAILURE TO DEMONSTRATE NEED- The Administrator shall establish procedures to recoup assistance from a local government that fails to demonstrate need for financial assistance within 180 days after the date of an initial disbursement.CommentsClose CommentsPermalink
‘(c) Amount- The amount of a loan under subsection (a)--CommentsClose CommentsPermalink
‘(1) shall be based on need;CommentsClose CommentsPermalink
‘(2) may not be in an amount that is more than 50 percent of the annual operating budget of the local government for the fiscal year in which the major disaster occurs; andCommentsClose CommentsPermalink
‘(3) unless the President has declared a catastrophic disaster relating to the major disaster, may not be more than $25,000,000.’; andCommentsClose CommentsPermalink
(4) in subsection (d)(1), as redesignated by paragraph (1), by striking ‘three full fiscal year period’ and inserting ‘3-year period (from either the date on which the disaster is declared or the first day of the next fiscal year, as determined by the President)’.CommentsClose CommentsPermalink
SEC. 209. EMERGENCY PUBLIC TRANSPORTATION.
Section 419 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 210. SIMPLIFIED PROCEDURES.
Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by striking ‘If the Federal estimate’ and inserting the following:CommentsClose CommentsPermalink
‘(a) In General- If the Federal estimate’;CommentsClose CommentsPermalink
(2) by inserting ‘or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)’ after ‘$35,000’ the first place it appears;CommentsClose CommentsPermalink
(3) by inserting ‘or, if applicable, the amount established under subsection (b),’ after ‘$35,000 amount’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Threshold-CommentsClose CommentsPermalink
‘(1) REPORT- Not later than 1 year after the date of enactment of the Disaster Recovery Act of 2011, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the ‘Administrator’), shall--CommentsClose CommentsPermalink
‘(A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; andCommentsClose CommentsPermalink
‘(B) submit to the appropriate committees of Congress (as defined in section 602 of the Post-Katrina Emergency Management Reform Act of 2006 (
6 U.S.C. 701 )) a report regarding the analysis conducted under subparagraph (A).CommentsClose CommentsPermalink‘(2) AMOUNT- After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to--CommentsClose CommentsPermalink
‘(A) immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5, United States Code; andCommentsClose CommentsPermalink
‘(B) adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor.CommentsClose CommentsPermalink
‘(3) REVIEW- Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section.’.CommentsClose CommentsPermalink
SEC. 211. APPEALS OF ASSISTANCE DECISIONS.
Section 423(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 212. CASE MANAGEMENT SERVICES.
Section 426 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by inserting ‘(a) In General- ’ before ‘The President’;CommentsClose CommentsPermalink
(2) by striking ‘private’;CommentsClose CommentsPermalink
(3) by striking ‘victims’ and inserting ‘survivors’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Disaster Case Management System- The President shall direct the Administrator of the Federal Emergency Management Agency, acting in coordination with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, to establish a single comprehensive disaster case management system for the purpose of facilitating rapid access by survivors of a major disaster to resources and services available to meet the needs of the survivors relating to the major disaster.CommentsClose CommentsPermalink
‘(c) Regulations- Not later than 1 year after the date of enactment of the Disaster Recovery Act of 2011, the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, shall promulgate regulations to carry out this section that--CommentsClose CommentsPermalink
‘(1) provide for case managers to serve as a single point of contact to assist individuals or households affected by a major disaster;CommentsClose CommentsPermalink
‘(2) address access to housing, employment or employment training, education, health care, mental health services, substance abuse treatment, child care, nutrition, transportation, financial counseling, and other social services to address individual and household recovery needs;CommentsClose CommentsPermalink
‘(3) establish guidelines, training, certification, performance requirements, service standards, and caseload limits for providers of case management services under this section;CommentsClose CommentsPermalink
‘(4) address delivery strategies that use the capabilities of the Federal Government, States, local governments, and nonprofit organizations;CommentsClose CommentsPermalink
‘(5) address, with specificity, the roles and responsibilities among Federal agencies, State governments, local governments, providers of case management services under this section, and survivors of major disasters;CommentsClose CommentsPermalink
‘(6) establish program evaluation tools for case managers to monitor individuals and households beyond referrals and assess progress toward defined recovery outcomes;CommentsClose CommentsPermalink
‘(7) establish data entry procedures and reporting requirements;CommentsClose CommentsPermalink
‘(8) address database interconnectivity between the disaster case management program under this section and the assistance to individuals and households program under section 408;CommentsClose CommentsPermalink
‘(9) revise the regulations relating to the routine use of disaster recovery assistance files, including establishing a procedure under which an individual who registers for assistance through the individuals and households program under section 408 may voluntarily authorize Federal agencies to share information relating to the individual with providers of case management services, notwithstanding
section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974);CommentsClose CommentsPermalink‘(10) establish criteria relating to when a case may be closed; andCommentsClose CommentsPermalink
‘(11) establish procedures for the effective transfer of open cases between case managers when such a transfer is necessary.’.CommentsClose CommentsPermalink
SEC. 213. ESSENTIAL SERVICE PROVIDERS.
Section 427(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) local radio, television, or print news that contains relevant health and safety information;’.CommentsClose CommentsPermalink
SEC. 214. ADDITIONAL DISASTER ASSISTANCE, PROCEDURES, AND REPORTING.
(a) In General- Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by section 202 of this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 429. DISPUTE RESOLUTION PROGRAM.
‘(a) Definition- In this section, the term ‘eligible assistance’ means assistance--CommentsClose CommentsPermalink
‘(1) under section 403, 406, or 407;CommentsClose CommentsPermalink
‘(2) for which an applicant has received a decision on a first appeal;CommentsClose CommentsPermalink
‘(3) for which the amount in dispute is not less than $750,000, which the President shall adjust annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor; andCommentsClose CommentsPermalink
‘(4) for which the applicant has agreed to a non-Federal share of not less than 10 percent.CommentsClose CommentsPermalink
‘(b) Rules and Regulations-CommentsClose CommentsPermalink
‘(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 President shall establish rules and regulations under which an applicant may request the use of alternative dispute resolution, including arbitration by an independent review panel, to resolve disputes relating to eligible assistance.CommentsClose CommentsPermalink
‘(2) BINDING EFFECT- A decision in an alternative dispute resolution under this section shall be binding upon the parties to the dispute.CommentsClose CommentsPermalink
‘(3) CONSIDERATIONS- The final rule promulgated under this section shall--CommentsClose CommentsPermalink
‘(A) allow a party eligible to bring a second appeal of a dispute relating to eligible assistance to request an independent review panel for the review;CommentsClose CommentsPermalink
‘(B) require a party requesting an independent review panel as described in subparagraph (A) to agree to forego rights to any further appeal of the dispute relating to any eligible assistance as to which the President agrees to the request for an independent review panel;CommentsClose CommentsPermalink
‘(C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section shall be--CommentsClose CommentsPermalink
‘(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 President; andCommentsClose CommentsPermalink
‘(ii) responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section;CommentsClose CommentsPermalink
‘(D) require an independent review panel to--CommentsClose CommentsPermalink
‘(i) resolve any remaining disputed issue raised in the first appeal in accordance with all applicable laws, regulations, and policies; andCommentsClose CommentsPermalink
‘(ii) consider only evidence contained in the administrative record;CommentsClose CommentsPermalink
‘(E) require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; andCommentsClose CommentsPermalink
‘(F) direct that if an independent review panel for any alternative dispute resolution under this section determines that the basis upon which a party failed to resolve a dispute relating to eligible assistance is frivolous, the independent review panel shall direct the party to pay the reasonable costs of the other party to the dispute relating to the review by the independent review panel.CommentsClose CommentsPermalink
‘(c) Sunset- A request for review by an independent review panel under this section may not be made after the date that is 5 years after the date of enactment of this section.CommentsClose CommentsPermalink
‘(d) Report-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 270 days after the termination of authority under this section pursuant to subsection (c), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate a report analyzing the effectiveness of the program under this section.CommentsClose CommentsPermalink
‘(2) CONTENTS- The report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink
‘(A) an assessment of the effectiveness of the program under this section, including an assessment of whether the program expedited or delayed the disaster recovery process;CommentsClose CommentsPermalink
‘(B) an assessment of whether the program increased or decreased costs to administer section 403, 406, or 407;CommentsClose CommentsPermalink
‘(C) an assessment of whether independent review panels fairly and accurately resolved disputes under this section;CommentsClose CommentsPermalink
‘(D) a recommendation as to whether any aspect of the program under this section should be made a permanent authority; andCommentsClose CommentsPermalink
‘(E) recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process.CommentsClose CommentsPermalink
‘SEC. 430. UNIFIED FEDERAL REVIEW.
‘(a) In General- Not later than 18 months after the date of enactment of the Disaster Recovery Act of 2011, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process.CommentsClose CommentsPermalink
‘(b) Contents- The review process under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster, and shall be updated as appropriate.’.CommentsClose CommentsPermalink
SEC. 215. AFTER ACTION REVIEWS.
Section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (
(a) by inserting ‘(a) In General- ’ before ‘The Administrator,’; andCommentsClose CommentsPermalink
(b) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) After Action Reviews- The Administrator shall submit to the appropriate committees of Congress an annual consolidated report regarding after action reviews conducted under the remedial action program established under this section, which shall include key findings and recommendations from the after action reviews.’.CommentsClose CommentsPermalink
SEC. 216. GRANT GUIDANCE.
Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (
‘SEC. 656. GRANT GUIDANCE.
‘(a) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the term ‘catastrophic disaster’ 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 );CommentsClose CommentsPermalink‘(2) the term ‘catastrophic disaster recovery grant’ means a grant for disaster recovery made under title I of the Housing and Community Development Act of 1974 (
42 U.S.C. 5301 et seq.) relating to a catastrophic disaster;CommentsClose CommentsPermalink‘(3) the term ‘National Disaster Recovery Framework’ means the National Disaster Recovery Framework developed under section 655;CommentsClose CommentsPermalink
‘(4) the term ‘persons of low and moderate income’ has the meaning given that term in section 102 of the Housing and Community Development Act of 1974 (
42 U.S.C. 5302 ); andCommentsClose CommentsPermalink‘(5) the term ‘recovery’ has the meaning given that term in section 501 of the Homeland Security Act of 2002 (
6 U.S.C. 311 ).CommentsClose CommentsPermalink‘(b) Issuance of Grant Guidance- Not later than 1 year after the date of enactment of this section, the President, acting through Federal agencies with major responsibilities under the National Disaster Recovery Framework, and in accordance with this section, shall issue guidance for the administration and use of catastrophic disaster recovery grants.CommentsClose CommentsPermalink
‘(c) Contents- The guidance issued under subsection (b) shall--CommentsClose CommentsPermalink
‘(1) ensure that a recipient of a catastrophic disaster recovery grant may easily use the grant in coordination with other sources of Federal assistance;CommentsClose CommentsPermalink
‘(2) include guidelines for the allocation of funds by the recipient of a catastrophic disaster recovery grant that encourage an equitable allocation of funding relative to the damages suffered by and the recovery needs of different parts of the community served by the recipient;CommentsClose CommentsPermalink
‘(3) prescribe eligible uses of a catastrophic disaster recovery grant, including authorizing the use of a catastrophic disaster recovery grant for--CommentsClose CommentsPermalink
‘(A) recovery, reconstruction, and revitalization of communities after a catastrophic disaster;CommentsClose CommentsPermalink
‘(B) promoting the efficient, effective, and expeditious recovery of survivors of a catastrophic disaster;CommentsClose CommentsPermalink
‘(C) restoring, repairing, and enhancing the resiliency of infrastructure and community services; andCommentsClose CommentsPermalink
‘(D) otherwise addressing unmet needs in recovering from a catastrophic disaster;CommentsClose CommentsPermalink
‘(4) require that the recipient of a catastrophic disaster recovery grant use not less than 50 percent of the amount received under the grant for activities that principally benefit persons of low and moderate income;CommentsClose CommentsPermalink
‘(5) require an applicant for a catastrophic disaster recovery grant to prepare and submit a comprehensive long-term recovery plan for approval by the President as a condition of receiving a catastrophic disaster recovery grant, which shall--CommentsClose CommentsPermalink
‘(A) describe the effects of the catastrophic disaster on the community served by the applicant;CommentsClose CommentsPermalink
‘(B) identify the disaster recovery and revitalization needs of the applicant not fully addressed through other funding sources;CommentsClose CommentsPermalink
‘(C) provide specific and measurable recovery or revitalization objectives, including timetables;CommentsClose CommentsPermalink
‘(D) describe the proposed use of funds, including how the use of funds addresses the disaster recovery and revitalization needs of persons of low and moderate income and high impact hazards for which the applicant is considered to be at risk;CommentsClose CommentsPermalink
‘(E) describe monitoring standards and procedures that--CommentsClose CommentsPermalink
‘(i) are sufficient to ensure program requirements are met; andCommentsClose CommentsPermalink
‘(ii) provide for continual quality assurance, investigation, and internal audit functions; andCommentsClose CommentsPermalink
‘(F) include such other information as the President determines appropriate;CommentsClose CommentsPermalink
‘(6) require the recipient of a catastrophic disaster recovery grant to update the plan submitted under paragraph (5) not less frequently than annually, until the date on which all amounts provided under the grant have been expended;CommentsClose CommentsPermalink
‘(7) provide that the President may reject a plan submitted under paragraph (5) that is incomplete, inconsistent with the purpose of the catastrophic disaster recovery grant program, or that fails to propose adequate funding for the areas of greatest need;CommentsClose CommentsPermalink
‘(8) require the recipient of a catastrophic disaster recovery grant to submit to the President performance reports concerning the use of funds made available under the grant and progress toward specific and measurable recovery or revitalization objectives identified under paragraph (5)(C), in the manner, intervals, and form prescribed by the President; andCommentsClose CommentsPermalink
‘(9) include any other guidance for potential recipients of a catastrophic disaster recovery grant that the President determines appropriate.CommentsClose CommentsPermalink
‘(d) Submission- The President shall submit the guidance issued under subsection (b) to the appropriate committees of Congress.CommentsClose CommentsPermalink
‘(e) Technical Assistance- The President shall, as necessary and appropriate, provide technical assistance upon request to the recipient of a catastrophic disaster recovery grant to efficiently, effectively, and properly administer the grant.’.CommentsClose CommentsPermalink
SEC. 217. TIMELINESS OF REVIEWS.
Not later than 180 days after the date of enactment of this Act, the Administrator shall develop procedures to monitor the status of applications for assistance under section 403, 404, 406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) appeals;CommentsClose CommentsPermalink
(2) reconciliation of insurance settlements;CommentsClose CommentsPermalink
(3) environmental reviews;CommentsClose CommentsPermalink
(4) historic reviews; andCommentsClose CommentsPermalink
(5) reviews of cost effectiveness.CommentsClose CommentsPermalink
SEC. 218. REVIEW OF REGULATIONS AND POLICIES.
(a) In General- Not later than 1 year after the date of enactment of this Act, the President shall review regulations and policies relating to Federal disaster assistance to eliminate regulations the President determines are no longer relevant, to harmonize contradictory regulations, and to simplify and expedite disaster recovery and assistance for a catastrophic disaster.CommentsClose CommentsPermalink
(b) Report- Not later than 18 months after the date of enactment of this Act, the President shall submit to Congress a report describing changes made to regulations as a result of the review required under subsection (a), together with any legislative recommendations relating to the review or changes in regulations.CommentsClose CommentsPermalink
SEC. 219. PUBLIC WORKS REPAIR TEAMS.
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that--CommentsClose CommentsPermalink
(1) identifies public works repair teams under the control of a State or local government; andCommentsClose CommentsPermalink
(2) assesses the feasibility of developing a national network of public works repair teams that may be deployed through the Emergency Management Assistance Compact consented to by the Joint Resolution entitled ‘Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact’ (
SEC. 220. REVIEW OF FEDERAL PROGRAMS AND AUTHORITIES.
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that--CommentsClose CommentsPermalink
(1) identifies overlapping programs or authorities among Federal agencies with responsibilities under the National Disaster Recovery Framework developed under section 655 of the Post-Katrina Emergency Management Reform Act of 2006, as added by section 108 of this Act, which have created or which may create uncertainty or disagreements about which agency, program, or funding source may be used by the President to provide assistance after a major disaster, including the interpretation and use of authorities under sections 312 and 402 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2) provides recommendations to reduce the potential for uncertainty or disagreements that may result from the existence of overlapping programs, authorities, or funding sources among Federal agencies with responsibilities under the National Disaster Recovery Framework.CommentsClose CommentsPermalink
TITLE III--OTHER PROVISIONSCommentsClose CommentsPermalink
TITLE III--OTHER PROVISIONSCommentsClose CommentsPermalink
SEC. 301. CONTRIBUTIONS FOR PERSONNEL AND ADMINISTRATIVE EXPENSES.
Section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) by redesignating subsection (h), relating to annual reports, as so redesignated by section 631(2) of the Post-Katrina Emergency Management Reform Act of 2006 (
(2) in subsection (g), by inserting ‘children, individuals with disabilities or other special needs, and’ after ‘take into account the needs of’.CommentsClose CommentsPermalink
SEC. 302. EVACUATION PLANS AND EXERCISES.
Section 512(b)(4) of the Homeland Security Act of 2002 (
SEC. 303. PERSONNEL MANAGEMENT.
(a) In General- Title V of the Homeland Security Act of 2002 (
‘SEC. 526. PERSONNEL MANAGEMENT.
‘(a) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the term ‘annuitant’ means an annuitant under a Government retirement system;CommentsClose CommentsPermalink
‘(2) the terms ‘deployed’ and ‘deployment’ mean the performance of services under the response and recovery operations and programs of the Agency, including exercises and training for such operations and programs;CommentsClose CommentsPermalink
‘(3) the term ‘Disaster Reserve Workforce’ means the Disaster Reserve Workforce established under subsection (b);CommentsClose CommentsPermalink
‘(4) the term ‘employee’ has the meaning given under
section 2105 of title 5, United States Code ;CommentsClose CommentsPermalink‘(5) the term ‘employee designated for short term deployments’ means an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b)(1) ) designated only for short-term deployments;CommentsClose CommentsPermalink‘(6) the term ‘Government retirement system’ means a retirement system established by law for employees of the Government of the United States;CommentsClose CommentsPermalink
‘(7) the term ‘major project’ means any project for which the total costs are greater than $400,000;CommentsClose CommentsPermalink
‘(8) the term ‘permanent seasonal employee’ means an employee, including an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b)(1) ), working under seasonal employment as defined under section 340.401 of title 5 of the Code of Federal Regulations or any successor regulation;CommentsClose CommentsPermalink‘(9) the term ‘reservist’ means an employee who is a member of the Disaster Reserve Workforce;CommentsClose CommentsPermalink
‘(10) the term ‘response and recovery operations and programs’ means response operations and programs and recovery operations and programs;CommentsClose CommentsPermalink
‘(11) the term ‘response operations and programs’ means operations and programs that involve taking immediate actions to save lives, protect property or the environment, or meet basic human needs;CommentsClose CommentsPermalink
‘(12) the term ‘recovery operations and programs’ means operations and programs to support and enable recovery, as defined in section 501 of the Homeland Security Act of 2002; andCommentsClose CommentsPermalink
‘(13) the term ‘term employee’ means an employee, including an employee hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b)(1) ), who is appointed to a term of 1 or more years.CommentsClose CommentsPermalink‘(b) Disaster Reserve Workforce- In order to provide efficiency, continuity, quality, and accuracy in services performed under response and recovery operations and programs, there is within the Agency a Disaster Reserve Workforce, which shall be used to supplement the work of permanent full-time employees of the Agency on response and recovery operations and programs with sufficient numbers of qualified, skilled, and trained permanent full-time employees of the agency to adequately manage and implement response and recovery operations and programs, including to lead individual major projects under sections 404, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5170c , 5172, and 5173).CommentsClose CommentsPermalink‘(c) Provision of Services Performed Under Response and Recovery Operations and Programs-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall ensure that the Disaster Reserve Workforce can rapidly and efficiently deploy qualified, skilled, and trained reservists for a sufficiently long period to provide continuity in response and recovery operations and programs.CommentsClose CommentsPermalink
‘(2) MANAGEMENT AND IMPLEMENTATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A sufficient number of qualified permanent full-time employees of the Agency shall lead and manage the Disaster Reserve Workforce and implement response and recovery operations and programs, including leading individual major projects under sections 404, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5170c , 5172, and 5173).CommentsClose CommentsPermalink‘(B) RESERVISTS- Reservists shall include--CommentsClose CommentsPermalink
‘(i) term employees;CommentsClose CommentsPermalink
‘(ii) permanent seasonal employees;CommentsClose CommentsPermalink
‘(iii) employees designated for short-term deployments;CommentsClose CommentsPermalink
‘(iv) employees of the Department who are not employees of the Agency; andCommentsClose CommentsPermalink
‘(v) employees of other Federal agencies.CommentsClose CommentsPermalink
‘(C) SHORT-TERM DEPLOYMENTS- Employees designated for short-term deployments shall generally be deployed--CommentsClose CommentsPermalink
‘(i) when necessary to temporarily respond to--CommentsClose CommentsPermalink
‘(I) imminent natural disasters, acts of terrorism, and other man-made disasters; orCommentsClose CommentsPermalink
‘(II) the immediate aftermath of those disasters or acts;CommentsClose CommentsPermalink
‘(ii) only for uncertain or temporary durations; andCommentsClose CommentsPermalink
‘(iii) absent extraordinary circumstances, for less than 180 days each calendar year.CommentsClose CommentsPermalink
‘(D) REGIONAL STRUCTURE- Reservists described under subparagraph (B)(i), (ii), and (iii) shall be--CommentsClose CommentsPermalink
‘(i) assigned to regional cadres based on residency of the reservists; andCommentsClose CommentsPermalink
‘(ii) to the greatest extent possible, deployed to the geographic area in which the reservists reside, unless deployment to other regions is determined necessary by the Administrator.CommentsClose CommentsPermalink
‘(E) RELIANCE ON CERTAIN RESERVISTS- In supporting the work of permanent full-time employees, the Administrator--CommentsClose CommentsPermalink
‘(i) shall rely to the greatest extent possible on term employees and permanent seasonal employees, in order to help ensure greater efficiency, continuity, quality, and accuracy in services performed under recovery operations and programs; andCommentsClose CommentsPermalink
‘(ii) may use discretion to deploy the reservists most able to ensure the greatest efficiency, continuity, quality, and accuracy in services performed under response and recovery operations and programs.CommentsClose CommentsPermalink
‘(F) CATASTROPHIC INCIDENTS- In the recovery from a catastrophic incident, the Administrator shall--CommentsClose CommentsPermalink
‘(i) recognize the extensiveness and extended duration of the recovery from the catastrophic incident;CommentsClose CommentsPermalink
‘(ii) deploy employees in such a manner to ensure efficiency, continuity, quality, and accuracy in services performed under the recovery operations and programs;CommentsClose CommentsPermalink
‘(iii) provide leadership of the recovery through permanent full-time employees;CommentsClose CommentsPermalink
‘(iv) rely predominately on term employees and permanent seasonal employees and employees hired under section 307 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5150 ) to support the employees described under clause (iii) in recovery operations and programs;CommentsClose CommentsPermalink‘(v) not later than 30 days of the occurrence of the catastrophic incident, submit a report to Congress that includes a plan to comply with clause (i) through (iv) with respect to that catastrophic incident; andCommentsClose CommentsPermalink
‘(vi) at the end of each 1-year period following the occurrence of the catastrophic incident, until the Administrator determines that recovery from the catastrophic incident is substantially complete, submit a report to Congress that includes--CommentsClose CommentsPermalink
‘(I) an update of the plan; andCommentsClose CommentsPermalink
‘(II) a description of any staffing challenges faced in the recovery.CommentsClose CommentsPermalink
‘(G) REPORTING- Not later than 60 days after the end of each calendar year, the Administrator shall submit a report detailing the number of days of deployment for individuals described under subparagraph (B)(iii) to Congress.CommentsClose CommentsPermalink
‘(3) POLICIES AND PROCEDURES- In order to ensure that efficient, continuous, and accurate services are provided under response and recovery operations and programs, not later than 1 year after the date of enactment of this section, the Administrator shall develop--CommentsClose CommentsPermalink
‘(A) staffing policies and procedures for the proper implementation and management of response and recovery operations and programs by a sufficient numbers of permanent full-time senior-level officials;CommentsClose CommentsPermalink
‘(B) deployment of full-time employees for a reasonably long period of time to ensure continuity of operations;CommentsClose CommentsPermalink
‘(C) plans to recruit individuals who reside in the area affected by a major disaster when long-term recovery efforts are needed;CommentsClose CommentsPermalink
‘(D) policies and procedures relating to sections 403, 404, 406, 407, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5170b , 5170c, 5172, 5173, and 5192);CommentsClose CommentsPermalink‘(E) consolidated guidance for assistance provided under sections 406 and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to facilitate comprehension and administration of those sections by personnel administering the program;CommentsClose CommentsPermalink
‘(F) policies and procedures relating to documentation requirements and control of records relating to projects under sections 406 and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and personnel rotation policies to ensure the efficient and comprehensive transfer of work performed under those sections by employees;CommentsClose CommentsPermalink
‘(G) policies and procedures that require the Agency to expeditiously identify eligible hazard mitigation measures under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.CommentsClose CommentsPermalink
‘(4) MINIMUM STANDARDS AND GUIDELINES FOR THE DISASTER RESERVE WORKFORCE-CommentsClose CommentsPermalink
‘(A) STANDARDS AND GUIDELINES- Not later than 1 year after the date of enactment of this section, the Administrator shall develop standards and guidelines for the Disaster Reserve Workforce, including--CommentsClose CommentsPermalink
‘(i) setting appropriate mandatory disaster training requirements, in advance of deployment and on a continuing basis thereafter, to ensure satisfactory knowledge by employees;CommentsClose CommentsPermalink
‘(ii) establishing the minimum number of days an individual is required to deploy in a year during which there is sufficient work for members of the Disaster Reserve Workforce;CommentsClose CommentsPermalink
‘(iii) providing for a reasonably long time period for deployment to ensure continuity in operations; andCommentsClose CommentsPermalink
‘(iv) establishing performance requirements, including for the timely and accurate resolution of issues and projects.CommentsClose CommentsPermalink
‘(B) READINESS OF THE DISASTER RESERVE WORKFORCE- In order to maintain the readiness of the Disaster Reserve Workforce, before being appointed to another term in the Disaster Reserve Workforce, a reservist described under paragraph (2)(b) (i), (ii), and (iii), shall--CommentsClose CommentsPermalink
‘(i) be credentialed in accordance with section 510; andCommentsClose CommentsPermalink
‘(ii) meet all minimum standards and guidelines established under subparagraph (A)--CommentsClose CommentsPermalink
‘(I) for term employees, before being appointed to a term in the Disaster Reserve Workforce; andCommentsClose CommentsPermalink
‘(II) annually for all other reservists.CommentsClose CommentsPermalink
‘(C) EVALUATION SYSTEM- In consultation with the Director of the Office of Personnel Management, the Administrator shall develop and implement a system to continuously evaluate reservists to ensure that all minimum standards and guidelines under this paragraph are satisfied annually by all reservists. Chapter 43 of title 5, United States Code, shall not apply to reservists covered under the system developed and implemented under this paragraph.CommentsClose CommentsPermalink
‘(5) CONTRACTORS- Not later than 1 year after the date of enactment of this section, the Administrator, in conjunction with the Chief Human Capital Officer of the Agency, shall establish policies and procedures relating to--CommentsClose CommentsPermalink
‘(A) oversight of contractor performance;CommentsClose CommentsPermalink
‘(B) ensuring that the number of contractors is appropriate;CommentsClose CommentsPermalink
‘(C) ensuring that contractors have appropriate skills, training, knowledge, and experience for assigned tasks, including by ensuring that the contractors meet training, credentialing, and performance requirements similar to the requirements for reservists.CommentsClose CommentsPermalink
‘(6) REEMPLOYED ANNUITANTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In appointing reservists to the Disaster Reserve Workforce, the application of sections 8344 and 8468 of title 5, United States Code (relating to annuities and pay on reemployment) or any other similar provision of law under a Government retirement system may be waived by the Administrator for annuitants reemployed on deployments involving a direct threat to life or property or other unusual circumstances for the entirety of the deployment.CommentsClose CommentsPermalink
‘(B) LIMITATIONS- The authority under subparagraph (A)--CommentsClose CommentsPermalink
‘(i) is granted to assist the Administrator in establishing and effectively operating the Disaster Reserve Workforce if no other qualified applicant is available for a reservist position; andCommentsClose CommentsPermalink
‘(ii) may be exercised only--CommentsClose CommentsPermalink
‘(I) with respect to natural disasters, acts of terrorism, or other man-made disasters, including catastrophic incidents; andCommentsClose CommentsPermalink
‘(II) if the applicant will not accept the position without a waiver.CommentsClose CommentsPermalink
‘(C) NOT EMPLOYEE FOR RETIREMENT PURPOSES- An annuitant to whom a waiver under subparagraph (A) is in effect shall not be considered an employee for purposes of any Government retirement system.CommentsClose CommentsPermalink
‘(7) PERMANENT EMPLOYMENT POSITIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A reservist hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b)(1) ) may compete for permanent positions in the Agency under merit promotion procedures. The actual time deployed as a reservist shall be considered creditable service for purposes of such competition and shall be calculated, for purposes ofsection 8411 of title 5, United States Code , by dividing the total number of days of service as a reservist by 365 to obtain the number of years of service and dividing any remainder by 30 to obtain the number of additional months of service and excluding from the aggregate the fractional part of a month, if any.CommentsClose CommentsPermalink‘(B) CONSIDERATION- In evaluating a reservist hired under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b)(1) ) for a potential permanent employment position, the Administrator shall consider the qualifications and performance of a reservist, including the ability of the reservist to timely, accurately, and creatively resolve issues and projects when deployed.CommentsClose CommentsPermalink‘(C) EFFECTIVE DATE AND APPLICATION- This paragraph shall--CommentsClose CommentsPermalink
‘(i) take effect on the date on which the Administrator implements the evaluation system under paragraph (4)(C); andCommentsClose CommentsPermalink
‘(ii) apply to periods of service performed after that date.CommentsClose CommentsPermalink
‘(8) NO IMPACT ON AGENCY PERSONNEL CEILING- Reservists shall not be counted against any personnel ceiling limitation applicable to the Agency.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (
6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 525 the following:CommentsClose CommentsPermalink
‘Sec. 526. Personnel management.’.CommentsClose CommentsPermalink
(c) Permanent Seasonal Employees- Section 306(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5149(b) ) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by inserting ‘or permanent seasonal employees (as that term is defined under section 526 of the Homeland Security Act of 2002)’ after ‘temporary personnel’; andCommentsClose CommentsPermalink
(2) in paragraph (3), by inserting ‘or the employment of permanent seasonal employees (as that term is defined under section 526 of the Homeland Security Act of 2002)’ after ‘additional personnel’.CommentsClose CommentsPermalink
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.CommentsClose CommentsPermalink
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