Natural Disaster Recovery Program Act of 2024
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HR 9750 — Natural Disaster Recovery Program Act of 2024
Last action — Placed on the Union Calendar, Calendar No. 663.
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Died in session
This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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Summary
To authorize the President to provide disaster assistance to States and Indian Tribes under a major disaster recovery program, and for other purposes.
Bill Text
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Read HR 9750 on the official United States source →What Congress says this changes
H. Rept. 118-811Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.
Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.
changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, and existing law in which no change is proposed is shown in roman): ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT * * * * * * * TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS * * * * * * * SEC. 403. ESSENTIAL ASSISTANCE. (a) In General.--Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows: (1) Federal resources, generally.--Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act. (2) Medicine, food, and other consumables.-- Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine durable medical equipment,, food, and other consumable supplies, and other services and assistance to disaster victims. (3) Work and services to save lives and protect property.--Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including-- (A) debris removal; (B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicinedurable medical equipment,, and other essential needs, including movement of supplies or persons; (C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; (D) provision of temporary facilities for schools and other essential community services; (E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards; (G) dissemination of public information and assistance regarding health and safety measures; (H) provision of technical advice to State and local governments on disaster management and control; (I) reduction of immediate threats to life, property, and public health and safety; [and] (J) provision of rescue, care, shelter, and essential needs-- (i) to individuals with household pets and service animals; and (ii) to such pets and animals[.]; and (K) minor repairs up to habitability of owner-occupied homes damaged by the disaster in order for survivors to safely shelter in place, subject to the availability of appropriations. (4) Contributions.--Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection. (5) Sheltering and housing options.--Not later than 15 days after a declaration of a major disaster, the Federal coordinating officer shall identify all sheltering and housing options available under this section or section 408 to a State Governor, or the designated State coordinating officer. (6) Definitions.--In this subsection, the term ``minor repairs up to habitability'' means the minimum standards for permanent housing described in section 576.403(c) of title 24, Code of Federal Regulations (or successor regulations). (b) Federal Share.--The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. (c) Utilization of DOD Resources.-- (1) General rule.--During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days. (2) Rules applicable to debris removal.--Any removal of debris and wreckage carried out under this subsection shall be subject to section 407(b), relating to unconditional authorization and indemnification for debris removal. (3) Expenditures out of disaster relief funds.--The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act. (4) Federal share.--The Federal share of assistance under this subsection shall be not less than 75 percent. (5) Guidelines.--Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988, the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this Act. (6) Definitions.--For purposes of this section-- (A) Department of defense.--The term ``Department of Defense'' has the meaning the term ``department'' has under section 101 of title 10, United States Code. (B) Emergency work.--The term ``emergency work'' includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services. (d) Salaries and Benefits.-- (1) In general.--If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to-- (A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if-- (i) the work is not typically performed by the employees; and (ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or (B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section. (2) Overtime.--The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) No effect on mutual aid pacts.--Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact. * * * * * * * SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. (a) In General.-- (1) Provision of assistance.--In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means. (2) Relationship to other assistance.--Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency. (b) Housing Assistance.-- (1) Eligibility.--The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are [rendered uninhabitable] damaged by a major disaster, or with respect to individuals with disabilities, rendered inaccessible or [uninhabitable, as a result of damage caused by a major disaster] damaged by a major disaster. (2) Determination of appropriate types of assistance.-- (A) In general.--The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate. (B) Multiple types of assistance.--One or more types of housing assistance may be made available under this section, based on the suitability and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation. (c) Types of Housing Assistance.-- (1) Temporary housing.-- (A) Financial assistance.-- (i) In general.--The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units, manufactured housing, recreational vehicles, or other readily fabricated dwellings. Such assistance may include the payment of the cost of utilities, excluding telephone service. (ii) Amount.--The amount of assistance under clause (i) shall be based on the fair market rent for the accommodation provided plus the cost of any transportation, utility hookups, security deposits, or unit installation not provided directly by the President. (B) Direct assistance.-- (i) In general.--The President may provide temporary housing units, acquired by purchase or lease, directly to individuals or households who, because of a lack of available housing resources, would be unable to make use of the assistance provided under subparagraph (A). (ii) Lease and repair of rental units for temporary housing.-- (I) In general.--The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may-- (aa) enter into lease agreements with owners of multifamily rental property impacted by a major disaster or located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and (bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing. (II) Improvements or repairs.--Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs shall be deducted from the value of the lease agreement. (iii) Period of assistance.--The President may not provide direct assistance under clause (i) with respect to a major disaster after the end of the [18-month period] 24-month period beginning on the date of the declaration of the major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest. (iv) Collection of rental charges.-- After the end of the [18-month period] 24-month period referred to in clause (iii), the President may charge fair market rent for each temporary housing unit provided. [(2) Repairs.-- [(A) In general.--The President may provide financial assistance for-- [(i) the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a safe and sanitary living or functioning condition; and [(ii) eligible hazard mitigation measures that reduce the likelihood of future damage to such residences, utilities, or infrastructure. [(B) Relationship to other assistance.--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.] (2) Repairs.-- (A) Financial assistance for repairs.--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. (B) Direct assistance for repairs.-- (i) In general.--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-- (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) Eligibility.--A recipient of assistance under this subparagraph shall not be eligible for assistance under paragraph (1), unless otherwise determined by the Administrator. (iii) Coordination with other assistance.--Assistance allowed under this paragraph may be used in coordination with other sources for the repair and rebuilding of an owner- occupied residence. (C) Relationship to other assistance.--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. (3) Replacement.-- (A) In general.--The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major disaster. (B) Applicability of flood insurance requirement.--With respect to assistance provided under this paragraph, the President may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance. (4) Permanent housing construction.--The President may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent housing in insular areas outside the continental United States and in other locations [in cases in which-- [(A) no alternative housing resources are available; and [(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost- effective.] if the President considers it a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section, and long-term rebuilding costs associated with section 431. (d) Terms and Conditions Relating to Housing Assistance.-- (1) Sites.-- (A) In general.--Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that-- (i) is complete with utilities; (ii) meets the physical accessibility requirements for individuals with disabilities; and (iii) is provided by the State or local government, by the owner of the site, or by the occupant who was displaced by the major disaster. (B) Sites provided by the president.--A readily fabricated dwelling may be located on a site provided by the President if the President determines that such a site would be more economical or accessible. (2) Disposal of units.-- (A) Sale to occupants.-- (i) In general.--Notwithstanding any other provision of law, a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing. (ii) Sale price.--A sale of a temporary housing unit under clause (i) shall be at a price that is fair and equitable. (iii) Deposit of proceeds.-- Notwithstanding any other provision of law, the proceeds of a sale under clause (i) shall be deposited in the appropriate Disaster Relief Fund account. (iv) Hazard and flood insurance.--A sale of a temporary housing unit under clause (i) shall be made on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit. (v) Use of gsa services.--The President may use the services of the General Services Administration to accomplish a sale under clause (i). (B) Other methods of disposal.--If not disposed of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims-- (i) may be sold to any person; or (ii) may be sold, transferred, donated, or otherwise made available directly to a State or other governmental entity or to a voluntary organization for the sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as a condition of the sale, transfer, or donation, the State, other governmental agency, or voluntary organization agrees-- (I) to comply with the nondiscrimination provisions of section 308; and (II) to obtain and maintain hazard and flood insurance on the housing unit. (e) Financial Assistance To Address Other Needs.-- (1) Medical, dental, child care, and funeral expenses.--The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, child care, and funeral expenses. (2) Personal property, transportation, and other expenses.--The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household described in paragraph (1) to address personal property, transportation, and other necessary expenses or serious needs resulting from the major disaster. (f) State Role.-- (1) State- or indian tribal government-administered assistance and other needs assistance.-- (A) Grant to state.--Subject to subsection (g), a Governor may request a grant from the President to provide assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e) if the President and the State or Indian tribal government comply, as determined by the Administrator, with paragraph (3). (B) Administrative costs.--A State that receives a grant under subparagraph (A) may expend not more than 5 percent of the amount of the grant for the administrative costs of providing assistance to individuals and households in the State under subsections (c)(1)(B), (c)(4), and (e). (2) Access to records.--In providing assistance to individuals and households under this section, the President shall provide for the substantial and ongoing involvement of the States in which the individuals and households are located, including by providing to the States access to the electronic records of individuals and households receiving assistance under this section in order for the States to make available any additional State and local assistance to the individuals and households. (3) Requirements.-- (A) Application.--A State or Indian tribal government desiring to provide assistance under subsection (c)(1)(B), (c)(4), or (e) shall submit to the President an application for a grant to provide financial assistance under the program. (B) Criteria.--The President, in consultation and coordination with State and Indian tribal governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum-- (i) a requirement that the State or Indian tribal government submit a housing strategy under subparagraph (C); (ii) the demonstrated ability of the State or Indian tribal government to manage the program under this section; (iii) there being in effect a plan approved by the President as to how the State or Indian tribal government will comply with applicable Federal laws and regulations and how the State or Indian tribal government will provide assistance under its plan; (iv) a requirement that the State or Indian tribal government comply with rules and regulations established pursuant to subsection (j); and (v) a requirement that the President, or the designee of the President, comply with subsection (i). (C) Requirement of housing strategy.-- (i) In general.--A State or Indian tribal government submitting an application under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the President for approval. (ii) Requirements.--The housing strategy required under clause (i) shall-- (I) outline the approach of the State in working with Federal partners, Indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster- related sheltering and housing needs; and (II) include the establishment of an activation plan for a State Disaster Housing Task Force, as outlined in the National Disaster Housing Strategy, to bring together State, tribal, local, Federal, nongovernmental, and private sector expertise to evaluate housing requirements, consider potential solutions, recognize special needs populations, and propose recommendations. (D) Quality assurance.--Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor and conduct quality assurance activities on a State or Indian tribal government's implementation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Indian tribal government submitted under this paragraph, the President determines that the State or Indian tribal government is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval. (E) Audits.--The Inspector General of the Department of Homeland Security shall provide for periodic audits of the programs administered by States and Indian tribal governments under this subsection. (F) Applicable laws.--All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section. (G) Report on effectiveness.--Not later than 18 months after the date of enactment of this paragraph, the Inspector General of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the State or Indian tribal government's role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State or Indian tribal government's role in providing assistance under this section, including-- (i) whether the State or Indian tribal government's role helped to improve the general speed of disaster recovery; (ii) whether the State or Indian tribal government providing assistance under this section had the capacity to administer this section; and (iii) recommendations for changes to improve the program if the State or Indian tribal government's role to administer the programs should be continued. (H) Report on incentives.--Not later than 12 months after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments. In developing this report, the Administrator of the Federal Emergency Management Agency shall consult with State, local, and Indian tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information in the report. This report should address, among other options, potential adjustments to the cost- share requirement and management costs to State and Indian tribal governments. (I) Prohibition.--The President may not condition the provision of Federal assistance under this Act on a State or Indian tribal government requesting a grant under this section. (J) Miscellaneous.-- (i) Notice and comment.--The Administrator of the Federal Emergency Management Agency may waive notice and comment rulemaking with respect to rules to carry out this section, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated. (ii) Final rule.--Not later than 2 years after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform Act of 2018. (iii) Waiver and expiration.--The authority under clause (i) and any pilot program implemented pursuant to such clause shall expire 2 years after the date of enactment of this paragraph or upon issuance of final regulations pursuant to clause (ii), whichever occurs sooner. (g) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2), the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. (2) Financial assistance to address other needs.--In the case of financial assistance provided under subsection (e)-- (A) the Federal share shall be 75 percent; and (B) the non-Federal share shall be paid from funds made available by the State. (h) Maximum Amount of Assistance.-- (1) In general.--No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster, excluding financial assistance to rent alternate housing accommodations under subsection (c)(1)(A)(i) and financial assistance to address other needs under subsection (e). (2) Other needs assistance.--The maximum financial assistance any individual or household may receive under subsection (e) shall be equivalent to the amount set forth in paragraph (1) with respect to a single major disaster. (3) Adjustment of limit.--The limit established under paragraphs (1) and (2) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. (4) Exclusion of necessary expenses for individuals with disabilities.-- (A) In general.--The maximum amount of assistance established under paragraph (1) shall exclude expenses to repair or replace damaged accessibility-related improvements under paragraphs (2), (3), and (4) of subsection (c) for individuals with disabilities. (B) Other needs assistance.--The maximum amount of assistance established under paragraph (2) shall exclude expenses to repair or replace accessibility-related personal property under subsection (e)(2) for individuals with disabilities. (i) Verification Measures.--In carrying out this section, the President shall develop a system, including an electronic database, that shall allow the President, or the designee of the President, to-- (1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance; (2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section; (3) collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment; (4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and (5) conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied. (j) Rules and Regulations.--The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance. * * * * * * * SEC. 431. NATURAL DISASTER RECOVERY PROGRAM. (a) Natural Disaster Recovery Reserve Fund.-- (1) In general.--There is established in the Treasury of the United States an account to be known as the Natural Disaster Recovery Reserve Fund (in this section referred to as the ``Fund''). (2) Amounts.--The Fund shall consist of-- (A) any amounts appropriated, and deposited in the Fund, for a specific major disaster declared under section 401; and (B) amounts deposited into the Fund pursuant to paragraph (4). (3) Use of funds.--Amounts in the Fund shall be available, pursuant to a declaration of a major disaster-- (A) to States and Indian tribal governments for unmet need related to a major disaster is declared under section 401; and (B) with respect to grantees that have been allocated assistance for such unmet need, for technical assistance and capacity building under subsection (c)(2) to facilitate planning and increase capacity to administer assistance under this section. (4) Unused amounts.--If any amounts made available for assistance under this section to grantees remain unexpended on the earlier of-- (A) the date that the grantee of such amounts notifies the President that the grantee has completed all activities; or (B) except as provided in paragraph (5), the expiration of the 6-year period beginning when the President obligates such amounts to the grantee, the President shall transfer such unexpended amounts to the Secretary of the Treasury for deposit into the Fund, except that the President may permit the grantee to retain amounts needed to close out the grant. (5) Extension of period for use of funds.--The period under paragraph (4)(B) may be extended by not more than 4 years if, before the expiration of such 6-year period, the President waives this requirement and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the period of such extension. (b) Assessment of Unmet Need.-- (1) In general.--To assess unmet need with respect to a major disaster under section, not later than 90 days after the declaration of such a disaster, the President shall coordinate with other Federal agencies, as determined appropriate and including the Administrator of the Small Business Administration, to obtain data on all recovery needs and the amount of such recovery needs that are unmet, including-- (A) all data on damage caused by the disaster; (B) information on how any Federal assistance provided in connection with the disaster has been expended; (C) information on the effect of the disaster on education, transportation capabilities and dependence, housing needs, health care capacity, and displacement of persons; and (D) the extent of the unmet need remaining in relation to such disaster. (2) Public availability.--The President shall make publicly available the data described in paragraph (1) for any major disaster for which assistance is provided from the Fund under this section. (3) Protection of personally identifiable information.--In carrying out this subsection, the President and any recipient of funds under this section shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided under this section is not made publicly available by any agency with which information is shared pursuant to this subsection. (c) Administrative Costs.-- (1) In general.--A State or Indian tribal government receiving a grant under this section may use not more than 13 percent of the amount of grant funds received, or within such other percentage as may be established pursuant to subparagraph (B), for administrative costs, including costs related to audits, reviews, oversight, evaluation, and investigations. (2) Discretion to establish sliding scale.--The President may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs, but only if-- (A) such percentage limitations are based on the amount of grant funds received by a grantee; and (B) such series provides that the percentage that may be used is lower for grantees receiving a greater amount of grant funds and such percentage that may be used is higher for grantees receiving a lesser amount of grant funds. (3) Technical assistance; capacity building.--From funds made available for use under this section, the President may provide-- (A) necessary technical assistance to grantees to ensure grantees are compliant with Federal law; and (B) capacity building assistance, including assistance regarding contracting and procurement processes, including providing solicitation and contractual templates that conform to Federal requirements for use by grantees. (d) Allocation, Process, and Procedures; Coordination.-- (1) Allocation.-- (A) In general.--The President shall allocate funds under this section proportionally to grantees based on their level of unmet need as determined under subsection (b). (B) Grantee use of funds.--Each grantee-- (i) shall be solely responsible for determining how funds provided under this section are prioritized and expended; and (ii) shall not be required to provide an action or spending plan to the President before or after funds are allocated. (C) Limitation.--Notwithstanding section 312, a loan shall not-- (i) be considered a duplication of benefits with funds provided by a Federal agency; or (ii) limit or otherwise impact the ability of a recipient to receive any other Federal assistance. (2) Procedure for provision of funds.--An entity awarded a grant under this section shall be provided an initial amount that equals 50 percent of total grant amount allocated under paragraph (1). To be eligible for the remaining 50 percent of the allocation, a grantee shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Inspector General of the United States a report containing-- (A) a detailed description of how such amount was spent; and (B) a certification from an auditor of the State or Indian tribal government that none of the funds were wasted or used inappropriately. (3) Requirements.--Each State and Indian tribal government that receives funds under this section shall establish or adhere to existing guidelines for procurement processes and procedures and require that subgrantees-- (A) provide for full and open competition and require cost or price analysis; (B) specify methods of procurement and their applicability, but not allow cost-plus-a- percentage-of cost or percentage-of- construction-cost methods of procurement; (C) include standards of conduct governing employees engaged in the award or administration of contracts; and (D) ensure that all purchase orders and contracts include any clauses required by Federal statute, Executive order, or implementing regulation. (e) Funding.--Any funds provided under this section-- (1) shall supplement and not supplant any other assistance provided by the President or any other Federal agency in response to a major disaster; and (2) may not be considered a duplication of assistance. (f) Environmental Review.--Any Federal agency or recipient of funds received under this section that fund or use funds to supplement funds provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency. (g) Best Practices.--The President shall identify best practices for grantees on issues including developing action plans, establishing financial controls, building grantee technical and administrative capacity, procurement, and use of grant funds as local match for other sources of Federal funding. Not later than 1 year after the date of enactment of this section, the President shall publish a compilation of such identified best practices and share with all relevant grantees to facilitate a more efficient and effective disaster recovery process. (h) Definitions.--In this section: (1) State auditor.--The term ``State auditor'' means the individual selected by the Governor or head of an Indian tribal government to submit a certification in accordance with subsection (d)(2)(A)(ii). (2) Unmet need.--The term ``unmet need''-- (A) means any necessary expenses for activities related to disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, mitigation, and economic revitalization related to a major disaster declared by the President under section 401; and (B) may include-- (i) any unresourced item, support, or assistance that has been assessed and verified as necessary for a survivor to recover from a major disaster, including food, clothing, shelter, first aid, emotional and spiritual care, household items, home repair, or rebuilding; and (ii) cleaning and removing debris from rivers, creeks, streams, and ditches. SEC. 432. UNMET NEEDS ASSISTANCE. (a) In General.--In any major disaster, the Governor or the Chief Executive of the Indian tribal government may request a grant from the President to provide assistance to meet unmet needs resulting from a major disaster. (b) Funding.-- (1) Amount of funding.--The President may set aside from the Disaster Relief Fund, with respect to each major disaster, an amount equal to 10 percent of the estimated aggregate amount of the grants to be made pursuant to sections 406 and 408 of the major disaster in order to provide technical and financial assistance under this section and such amounts shall be deemed to be related to activities carried out pursuant to major disasters under this Act. (2) Estimated aggregate amount.--Not later than 180 days after each major disaster declared pursuant to this Act, the estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates. (3) No reduction in amounts.--The amount set aside pursuant to paragraph (1) shall not reduce the amounts otherwise made available for sections 403, 406, 407, 408, 410, 416, and 428 under this Act. (c) Unmet Needs.--A State or Indian tribal government may use unmet needs grants to provide assistance, in addition to other assistance made available under this Act, for the following unmet needs resulting from a major disaster: (1) Disaster-related home repair and rebuilding financial assistance to families for permanent housing purposes, including in conjunction with eligible expenditures under section 408. (2) Disaster-related unmet needs of families who are unable to obtain adequate assistance from other sources. (3) Other disaster-related services that alleviate human suffering and promote the well-being of disaster victims. (4) Economic and business activities (including food and agriculture) after a disaster to implement post- disaster economic recovery measures, including planning and technical assistance for long-term economic recovery plans, infrastructure improvements, business or infrastructure financing, market or industry research, and other activities authorized under a comprehensive economic development strategy. (d) Accounting and Fiscal Controls.-- (1) In general.--Not later than 6 months after receipt of funds and every 6 months thereafter until all such funds are expended, each State or Indian tribal government receiving such funds shall submit to the Administrator a report that includes-- (A) the criteria established for determining how the funds are spent; (B) the allocation of such funds; and (C) the process for public notice and comment. (2) Administrative costs.--A State or Indian tribal government that receives funds under this section may expend not more than 5 percent of the amount of such funds for the administrative costs of providing financial assistance to individuals and households in the State. * * * * * * *
Source: H. Rept. 118-811 · govinfo
Action History
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Placed on the Union Calendar, Calendar No. 663.
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Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 118-811.
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Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 33 - 28.
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Committee Consideration and Mark-up Session Held
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Subcommittee on Economic Development, Public Buildings, and Emergency Management Discharged
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Referred to the House Committee on Transportation and Infrastructure.
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Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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Introduced in House
Sponsors
- David Rouzer · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 9750 do?
- To authorize the President to provide disaster assistance to States and Indian Tribes under a major disaster recovery program, and for other purposes.
- Who sponsors HR 9750?
- HR 9750 is sponsored by David Rouzer (R).
- What is the current status of HR 9750?
- This bill died with 118th Congress. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 9750?
- Track HR 9750 free on One Click Politics — get push/email alerts when it moves.
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