S5067-118

1. Short title; table of contents This Act may be cited as the Disaster Survivors Fairness Act of 2024. The table of contents for this Act is as follows: Except as otherwise provided, the terms used in this Act have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

2. Repair and rebuilding Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended— in subsection (c), by adding at the end the following: The President may provide financial assistance to an individual or household whose primary residence, utility, or residential infrastructure is damaged by a major disaster for cost-effective hazard mitigation measures that reduce, in future disasters— threats to life and property; or future damage to such residence, utility, or infrastructure. A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds. in subsection (h)— in paragraph (1), by inserting , financial assistance for hazard mitigation under subsection (c)(5)(A), after subsection (c)(1)(A)(i); in paragraph (3), by striking paragraphs (1) and (2) and inserting paragraphs (1), (2), and (5); and by adding at the end the following: The maximum financial assistance any individual or household may receive under subsection (c)(5) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster. (5)Hazard mitigation(A)In generalThe President may provide financial assistance to an individual or household whose primary residence, utility, or residential infrastructure is damaged by a major disaster for cost-effective hazard mitigation measures that reduce, in future disasters—(i)threats to life and property; or(ii)future damage to such residence, utility, or infrastructure.(B)Relationship to other assistanceA recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.; and (5)Hazard mitigationThe maximum financial assistance any individual or household may receive under subsection (c)(5) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster..

3. Direct assistance Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)), as amended by section 2 of this Act, is further amended by striking paragraph (2) and inserting the following: The President may provide financial assistance for the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible by a major disaster. The President may provide direct assistance to individuals and households who are unable to make use of financial assistance under subparagraph (A) and when there is a lack of available resources, for— the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible by a disaster; and eligible hazard mitigation measures that reduce the likelihood and future damage to such residences, utilities, and infrastructure. A recipient of assistance under this subparagraph shall not be eligible for assistance under paragraph (1), unless otherwise determined by the President. A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds. Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended— by striking subsections (c)(1)(B), (c)(4), and (e) each place it appears and inserting paragraphs (1)(B), (2)(B), and (4) of subsection (c) and subsection (e); and in paragraph (3)(A) by striking subsection (c)(1)(B), (c)(4), or (e) and inserting paragraph (1)(B), (2)(B), or (4) of subsection (c) or subsection (e). (2)Repairs(A)Financial assistance for repairsThe President may provide financial assistance for the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible by a major disaster.(B)Direct assistance for repairs(i)In generalThe President may provide direct assistance to individuals and households who are unable to make use of financial assistance under subparagraph (A) and when there is a lack of available resources, for—(I)the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible by a disaster; and(II)eligible hazard mitigation measures that reduce the likelihood and future damage to such residences, utilities, and infrastructure.(ii)EligibilityA recipient of assistance under this subparagraph shall not be eligible for assistance under paragraph (1), unless otherwise determined by the President.(C)Relationship to other assistanceA recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds..

4. State-managed housing pilot authority Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended— in subsection (f)(3)— in subparagraph (A)— by striking A State and inserting the following: A State by adding at the end the following: The President shall make public the criteria used to evaluate applications under clause (i) and determine if a State or Indian tribal government meets the criteria described in subparagraph (B) to administer grants described in paragraph (1)(A). in subparagraph (C)(ii)— in subclause (I), by striking ; and and inserting a semicolon; in subclause (II), by striking the period at the end and inserting a semicolon; and by adding at the end the following: outline the approach of the State or Indian tribal government to help disaster survivors create a permanent housing plan; and outline the approach of the State or Indian tribal government to provide individual disaster survivors some choice of communities and properties, as practicable. by striking subparagraph (F); by redesignating subparagraphs (G), (H), (I), and (J) as subparagraphs (F), (G), (H), and (I), respectively; and in subparagraph (I), as so redesignated— in clause (ii), by striking Not later than 2 years after the date of enactment of this paragraph, the and inserting The; and in clause (iii), by striking 2 years and inserting 10 years; and in subsection (g)— in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and by adding at the end the following: In the case of assistance provided under paragraph (1)(B), (2)(B), or (4) of subsection (c), the Federal share shall be not less than 75 percent. Upon the expiration of the authority to carry out section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) as a pilot program, the Comptroller General of the United States shall issue a report on the effectiveness, successes, and challenges of any pilot program carried out pursuant to such section and make recommendations on how to improve the provision of assistance under such section. (i)In generalA State; and (ii)TransparencyThe President shall make public the criteria used to evaluate applications under clause (i) and determine if a State or Indian tribal government meets the criteria described in subparagraph (B) to administer grants described in paragraph (1)(A). ; (III)outline the approach of the State or Indian tribal government to help disaster survivors create a permanent housing plan; and(IV)outline the approach of the State or Indian tribal government to provide individual disaster survivors some choice of communities and properties, as practicable.; (3)Disaster assistanceIn the case of assistance provided under paragraph (1)(B), (2)(B), or (4) of subsection (c), the Federal share shall be not less than 75 percent..

5. Management costs Section 324(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(b)(2)) is amended by adding at the end the following: A grantee under section 408(f) may be reimbursed not more than 12 percent of the total award amount under such section. Section 408(f)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)(1)), as amended by section 3(b) of this Act, is further amended— in the paragraph heading, by striking (A) Grant to state.—assistance and all that follows through subsection (g), and inserting Subject to subsection (g),assistance.— Subject to subsection (g),; and by striking subparagraph (B). (C)Individual assistanceA grantee under section 408(f) may be reimbursed not more than 12 percent of the total award amount under such section..

6. Funding for online guides for post-disaster assistance Section 201(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(a)) is amended— in paragraph (7), by striking the period at the end and inserting ; and; and by adding at the end the following: post-disaster assistance. Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131) is amended by adding at the end the following: The Administrator of the Federal Emergency Management Agency may provide funding to a State agency established under subsection (c) to establish, update, or operate a website to provide information relating to post-disaster recovery funding and resources to a community or an individual impacted by a major disaster or emergency. A website established, updated, or operated under this subsection shall be— managed by the State agency to which funding is provided under paragraph (1); and suitable for the residents of the State of the State agency. The Administrator may provide funding to a State agency under this subsection to establish a website that contains only 1 or more of the following: A list of Federal, State, and local sources of post-disaster recovery funding or assistance that may be available to a community after a major disaster or emergency. A list of Federal, State, and local sources of post-disaster recovery funding or assistance that may be available to an individual impacted by a major disaster or emergency. A technical guide that lists and explains the costs and benefits of alternatives available to a community to mitigate the impacts of a major disaster or emergency and prepare for sequential hazards, such as flooding after a wildfire. A State agency that receives funding under this subsection shall cooperate with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Administrator of the Small Business Administration, and the Administrator of the Federal Emergency Management Agency in establishing, updating, or operating a website under this subsection. A State agency that receives funding to establish, update, or operate a website under this subsection shall update the website not less than once every 6 months. The authority provided under this subsection shall terminate 1 year after the first date on which appropriations are made on or after the date of enactment of this subsection to carry out this subsection. (8)post-disaster assistance.. (e)Funding for online guides for assistance(1)In generalThe Administrator of the Federal Emergency Management Agency may provide funding to a State agency established under subsection (c) to establish, update, or operate a website to provide information relating to post-disaster recovery funding and resources to a community or an individual impacted by a major disaster or emergency.(2)ManagementA website established, updated, or operated under this subsection shall be—(A)managed by the State agency to which funding is provided under paragraph (1); and(B)suitable for the residents of the State of the State agency.(3)ContentThe Administrator may provide funding to a State agency under this subsection to establish a website that contains only 1 or more of the following:(A)A list of Federal, State, and local sources of post-disaster recovery funding or assistance that may be available to a community after a major disaster or emergency.(B)A list of Federal, State, and local sources of post-disaster recovery funding or assistance that may be available to an individual impacted by a major disaster or emergency.(C)A technical guide that lists and explains the costs and benefits of alternatives available to a community to mitigate the impacts of a major disaster or emergency and prepare for sequential hazards, such as flooding after a wildfire.(4)CooperationA State agency that receives funding under this subsection shall cooperate with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Administrator of the Small Business Administration, and the Administrator of the Federal Emergency Management Agency in establishing, updating, or operating a website under this subsection.(5)UpdatesA State agency that receives funding to establish, update, or operate a website under this subsection shall update the website not less than once every 6 months.(6)Termination of authorityThe authority provided under this subsection shall terminate 1 year after the first date on which appropriations are made on or after the date of enactment of this subsection to carry out this subsection. .

7. Individual assistance dashboard Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: Not later than 90 days after a declaration by the President that a major disaster exists under section 401, the Administrator of the Federal Emergency Management Agency shall publish on a website of the Agency an interactive web tool displaying the following information with respect to such major disaster: The number of applications for assistance under section 408, including a description of the number of applications for assistance related to housing under such section and the number of applications for assistance to address other needs under section 408(e). The number of applications for such assistance that are approved. The number of applications for such assistance that are denied. A ranked list of the reasons for the denial of such applications, including the number of applications for each reason for denial. If available, the dollar amount of assistance provided pursuant to section 408 to applicants who are— property owners with a household annual income— above the national median household income; and below the national median household income; and renters with a household annual income— above the national median household income; and below the national median household income. The estimated percentage of residential property that was destroyed as a result of the major disaster, if available. Any other information that the Administrator of the Federal Emergency Management Agency determines to be relevant. The Administrator of the Federal Emergency Management Agency shall ensure that none of the information published under subsection (a) contains the personally identifiable information of an applicant. 431.Individual assistance dashboard(a)In generalNot later than 90 days after a declaration by the President that a major disaster exists under section 401, the Administrator of the Federal Emergency Management Agency shall publish on a website of the Agency an interactive web tool displaying the following information with respect to such major disaster:(1)The number of applications for assistance under section 408, including a description of the number of applications for assistance related to housing under such section and the number of applications for assistance to address other needs under section 408(e).(2)The number of applications for such assistance that are approved.(3)The number of applications for such assistance that are denied.(4)A ranked list of the reasons for the denial of such applications, including the number of applications for each reason for denial.(5)If available, the dollar amount of assistance provided pursuant to section 408 to applicants who are— (A)property owners with a household annual income—(i)above the national median household income; and(ii)below the national median household income; and(B)renters with a household annual income—(i)above the national median household income; and(ii)below the national median household income.(6)The estimated percentage of residential property that was destroyed as a result of the major disaster, if available.(7)Any other information that the Administrator of the Federal Emergency Management Agency determines to be relevant.(b)Personally identifiable informationThe Administrator of the Federal Emergency Management Agency shall ensure that none of the information published under subsection (a) contains the personally identifiable information of an applicant..

431. Individual assistance dashboard Not later than 90 days after a declaration by the President that a major disaster exists under section 401, the Administrator of the Federal Emergency Management Agency shall publish on a website of the Agency an interactive web tool displaying the following information with respect to such major disaster: The number of applications for assistance under section 408, including a description of the number of applications for assistance related to housing under such section and the number of applications for assistance to address other needs under section 408(e). The number of applications for such assistance that are approved. The number of applications for such assistance that are denied. A ranked list of the reasons for the denial of such applications, including the number of applications for each reason for denial. If available, the dollar amount of assistance provided pursuant to section 408 to applicants who are— property owners with a household annual income— above the national median household income; and below the national median household income; and renters with a household annual income— above the national median household income; and below the national median household income. The estimated percentage of residential property that was destroyed as a result of the major disaster, if available. Any other information that the Administrator of the Federal Emergency Management Agency determines to be relevant. The Administrator of the Federal Emergency Management Agency shall ensure that none of the information published under subsection (a) contains the personally identifiable information of an applicant.

8. FEMA reports Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes, with respect to the most recent fiscal year— the average amount of individual assistance and individual and household assistance provided under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to, and the rate of denial of individual assistance and individual and household assistance provided under such section for— all individuals; households; individuals and households with a reported annual income under 75 percent of the national median household income; individuals with a reported annual income over 125 percent of the national median household income; and individuals with a reported annual income between 75 percent and 125 percent of the national median household income; and an explanation for any factors causing an increase in the rate of denial of the assistance described in paragraph (1), if applicable. In the report submitted under subsection (a), the Administrator shall describe the number of homeowners and the number of renters for each category of individuals and households described in subparagraphs (C) through (E) of subsection (a)(1). The first report required to be submitted under subsection (a) after the date of enactment of this Act shall include the information required under this section with respect to fiscal year 2016 and each fiscal year thereafter through the most recent fiscal year ending before the date of enactment of this Act.

9. Sheltering of emergency response personnel Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) is amended by adding at the end the following: For any major disaster for which the President has authorized emergency protective measures for an area within the jurisdiction of a State, Indian tribal government, or local government, the Administrator of the Federal Emergency Management Agency (referred to in this subsection as the Administrator) may reimburse the State, Indian tribal government, or local government for costs relating to sheltering emergency response personnel, including individuals that are a part of the same predisaster household as such personnel, in exclusive-use congregate or non-congregate settings if the Governor of the State or chief executive of the Indian tribal government or local government determines that the damage or disruption to such area is of such a magnitude as to disrupt the provision of emergency protective measures within such area. The Administrator may only reimburse a State, Indian tribal government, or local government for the costs of sheltering emergency response personnel under paragraph (1) for such a period of time as the Administrator determines reasonable based on the individual characteristics of and impacts to the affected area, including the extent of damage, the availability of alternative housing options, the availability of utilities, and disruptions to transportation infrastructure. The period of reimbursement under subparagraph (A) may not exceed the 6-month period beginning on the date on which the incident period ends. In this subsection, the term emergency response personnel means— employees or contracted employees providing law enforcement, fire suppression, rescue, emergency medical, emergency management, or emergency communications services; and elected officials, except membersMembers of Congress, responsible for the overseeing or directing emergency response operations or recovery activities. (e)Sheltering of emergency response personnel(1)In generalFor any major disaster for which the President has authorized emergency protective measures for an area within the jurisdiction of a State, Indian tribal government, or local government, the Administrator of the Federal Emergency Management Agency (referred to in this subsection as the Administrator) may reimburse the State, Indian tribal government, or local government for costs relating to sheltering emergency response personnel, including individuals that are a part of the same predisaster household as such personnel, in exclusive-use congregate or non-congregate settings if the Governor of the State or chief executive of the Indian tribal government or local government determines that the damage or disruption to such area is of such a magnitude as to disrupt the provision of emergency protective measures within such area.(2)Limitation of assistance(A)In generalThe Administrator may only reimburse a State, Indian tribal government, or local government for the costs of sheltering emergency response personnel under paragraph (1) for such a period of time as the Administrator determines reasonable based on the individual characteristics of and impacts to the affected area, including the extent of damage, the availability of alternative housing options, the availability of utilities, and disruptions to transportation infrastructure.(B)Maximum duration of reimbursementThe period of reimbursement under subparagraph (A) may not exceed the 6-month period beginning on the date on which the incident period ends.(3)DefinitionIn this subsection, the term emergency response personnel means—(A)employees or contracted employees providing law enforcement, fire suppression, rescue, emergency medical, emergency management, or emergency communications services; and(B)elected officials, except membersMembers of Congress, responsible for the overseeing or directing emergency response operations or recovery activities..

10. Improved rental assistance Section 408(c)(1)(A)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(A)(ii)) is amended by inserting , including local post-disaster rent increases, after accommodation provided. Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with appropriate Federal entities and stakeholders involved in disaster housing, shall conduct a study to examine the unique challenges of renters when seeking Federal disaster assistance and any disparities of assistance provided to homeowners and renters pursuant to section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) and develop a plan that addresses any identified challenges and disparities, including any recommendations for legislative action. Upon completion of the activities carried out under subsection (b), the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure, the Committee on Financial Services, and the Committee on Small Business of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the study and recommendations required under subsection (b).

11. GAO report on preliminary damage assessments The Comptroller General of the United States shall conduct a study on the practices, including the accuracy of such practices, that the Federal Emergency Management Agency uses when conducting preliminary damage assessments for the purposes of providing assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174). The Comptroller General of the United States shall include in the study conducted under subsection (a) the following: A comparison of the process and procedures used by the Federal Emergency Management Agency to complete preliminary damage assessments to the process and procedures used by private insurance companies following a major disaster. A review of training provided to individuals conducting preliminary damage assessments. A comparison of damage estimates for homes owned by individuals above the national median income to homes owned by individuals at or below the national median income.

12. Applicability The amendments made by sections 2, 3, 5, 6, and 9 shall only apply to amounts appropriated on or after the date of enactment of this Act.

13. GAO report to Congress on challenges under public assistance alternative procedures The Comptroller General of the United States shall conduct a study on the challenges to States and territories of the United States in obtaining assistance under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f). In conducting the study described in subsection (a), the Comptroller General of the United States shall study the challenges for assistance described in subsection (a) faced by the following: Rural areas, as such term is defined in section 423(d)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189a(d)(4)). Small impoverished communities, as such term is defined in section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(a)). Other communities, areas, or individuals that the Comptroller General determines pertinent. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the study required under subsection (a).