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OFFICIALS LEGISLATION INTEREST GROUPS PUBLIC STATEMENTS COMMITTEES VETOES

Motion to Suspend the Rules and Pass Certain Bills

Floor Speech

By: Troy Carter

Date: Nov. 17, 2022

Location: Washington, DC

BREAK IN TRANSCRIPT

Mr. CARTER of Louisiana. Madam Speaker, pursuant to section 2 of House Resolution 1464, I move to suspend the rules and pass the bills: H.R. 4275, H.R. 5502, H.R. 5721, H.R. 6290, H.R. 7277, H.R. 7299, and H.R. 8416.

The Clerk read the title of the bills.

The text of the bills are as follows:

Ensuring Phone and Internet Access Through Lifeline and Affordable Connectivity Program Act of 2022 H.R. 4275

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ensuring Phone and Internet Access Through Lifeline and Affordable Connectivity Program Act of 2022''. SEC. 2. REPORTS ON ENROLLMENT IN CERTAIN PROGRAMS.

(a) Annual Report on Enrollment in Lifeline and Affordable Connectivity Programs Through Qualifying Programs.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 2 calendar years after the calendar year during which the first report is submitted under this subsection, the Commission shall submit to Congress a report on--

(1) enrollment in the Lifeline program by individuals participating in each of the Lifeline qualifying programs, broken out by each of the Lifeline qualifying programs, to the extent the Commission holds or has access to the necessary data relating to such enrollment; and

(2) enrollment in the Affordable Connectivity Program by individuals participating in each of the Affordable Connectivity Program qualifying programs, broken out by each of the Affordable Connectivity Program qualifying programs, to the extent the Commission holds or has access to the necessary data relating to such enrollment.

(b) GAO Study and Report on Efforts to Promote Enrollment in Lifeline and Affordable Connectivity Programs.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress identifying outreach and publicity efforts to promote participation and enrollment in the Lifeline program and, separately, the Affordable Connectivity Program.

(1) Affordable connectivity program qualifying program.-- The term ``Affordable Connectivity Program qualifying program'' means the programs set forth in paragraphs (1), (3), (4), and (6) of section 54.1800(j) of title 47, Code of Federal Regulations, or any successor regulation.

(2) Commission.--The term ``Commission'' means the Federal Communications Commission.

(3) Lifeline qualifying program.--The term ``Lifeline qualifying program'' means the programs set forth in subsections (a)(2) and (b) of section 54.409 of title 47, Code of Federal Regulations, or any successor regulation. Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act H.R. 5502

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act'' or the ``INFORM Consumers Act''. SEC. 2. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM CONSUMERS.

(a) Collection and Verification of Information.--

(1) Collection.--

(A) In general.--An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, the following information to the online marketplace:

(i) Bank account.--

(I) In general.--A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller.

(II) Provision of information.--The bank account or payee information required under subclause (I) may be provided by the seller in the following ways:

(aa) To the online marketplace.

(bb) To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information within 3 business days from such payment processor or other third party.

(ii) Contact information.--Contact information for such seller as follows:

(I) With respect to a high-volume third party seller that is an individual, the individual's name.

(II) With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information:

(aa) A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name.

(bb) A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller.

(iii) Tax id.--A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number.

(iv) Working email and phone number.--A current working email address and phone number for such seller.

(B) Notification of change; annual certification.--An online marketplace shall--

(i) periodically, but not less than annually, notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under subparagraph (A) current; and

(ii) require any high-volume third party seller on such online marketplace's platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that--

(I) the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or

(II) there have been no changes to such seller's information.

(C) Suspension.--In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.

(2) Verification.--

(A) In general.--An online marketplace shall--

(i) verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and

(ii) verify any change to such information not later than 10 days after being notified of such change by a high-volume third party seller under paragraph (1)(B).

(B) Presumption of verification.--In the case of a high- volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.

(3) Data use limitation.--Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.

(4) Data security requirement.--An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification.

(b) Disclosure Required.--

(1) Requirement.--

(A) In general.--An online marketplace shall--

(i) require any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on such online marketplace, and that uses such online marketplace's platform, to provide the information described in subparagraph (B) to the online marketplace; and

(ii) disclose the information described in subparagraph (B) to consumers in a clear and conspicuous manner--

(I) on the product listing page (including via hyperlink); or

(II) in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the consumer's account transaction history.

(B) Information described.--The information described in this subparagraph is the following:

(i) Subject to paragraph (2), the identity of the high- volume third party seller, including--

(I) the full name of the seller, which may include the seller name or seller's company name, or the name by which the seller or company operates on the online marketplace;

(II) the physical address of the seller; and

(III) contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including--

(aa) a current working phone number;

(bb) a current working email address; or

(cc) other means of direct electronic messaging (which may be provided to such seller by the online marketplace), provided that the requirements of this item shall not prevent an online marketplace from monitoring communications between high-volume third party sellers and users of the online marketplace for fraud, abuse, or spam.

(ii) Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in clause (i) relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase.

(2) Exception.--

(A) In general.--Subject to subparagraph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under paragraph (1)(B)(i) in the following situations:

(i) If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may--

(I) disclose only the country and, if applicable, the State in which such seller resides; and

(II) inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace.

(ii) If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller's physical address for product returns.

(iii) If such seller certifies to the online marketplace that the seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller's email address or other means of electronic messaging provided to such seller by the online marketplace.

(B) Limitation on exception.--If an online marketplace becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph (A) or that a high-volume third party seller who has requested and received a provision for a partial disclosure under subparagraph (A) has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph (1)(B)(i).

(3) Reporting mechanism.--An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.

(4) Compliance.--If a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.

(1) Unfair and deceptive acts or practices.--A violation of subsection (a) or (b) by an online marketplace shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2) Powers of the commission.--

(A) In general.--The Commission shall enforce subsections (a) and (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.

(B) Privileges and immunities.--Any person that violates subsection (a) or (b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(3) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.

(4) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.

(d) Enforcement by State Attorneys General.--

(1) In general.--If the attorney general of a State has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that State, the attorney general of the State may bring a civil action in any appropriate district court of the United States, to--

(A) enjoin further such violation by the defendant;

(B) enforce compliance with this section or such regulation;

(D) obtain other remedies permitted under State law; and

(E) obtain damages, restitution, or other compensation on behalf of residents of the State.

(2) Notice.--The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.

(3) Intervention by the commission.--Upon receiving notice under paragraph (2), the Commission shall have the right--

(A) to intervene in the action;

(B) upon so intervening, to be heard on all matters arising therein; and

(4) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this section or a regulation promulgated under this section, no State attorney general, or official or agency of a State, may bring a separate action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or regulation promulgated under this section filed by the Commission.

(5) Rule of construction.--For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer, or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.

(6) Actions by other state officials.--

(A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so, except for any private person on behalf of the State attorney general, may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.

(B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

(e) Severability.--If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.

(f) Definitions.--In this section:

(1) Commission.--The term ``Commission'' means the Federal Trade Commission.

(2) Consumer product.--The term ``consumer product'' has the meaning given such term in section 101 of the Magnuson- Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal Regulations.

(3) High-volume third party seller.--

(A) In general.--The term ``high-volume third party seller'' means a participant on an online marketplace's platform who is a third party seller and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.

(B) Clarification.--For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph (A), an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.

(4) Online marketplace.--The term ``online marketplace'' means any person or entity that operates a consumer-directed electronically based or accessed platform that--

(A) includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States;

(B) is used by one or more third party sellers for such purposes; and

(C) has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.

(5) Seller.--The term ``seller'' means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform.

(6) Third party seller.--

(A) In general.--The term ``third party seller'' means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace's platform.

(B) Exclusions.--The term ``third party seller'' does not include, with respect to an online marketplace--

(i) a seller who operates the online marketplace's platform; or

(ii) a business entity that has--

(I) made available to the general public the entity's name, business address, and working contact information;

(II) an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and

(III) provided to the online marketplace identifying information, as described in subsection (a), that has been verified in accordance with that subsection.

(7) Verify.--The term ``verify'' means to confirm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified.

(g) Relationship to State Laws.--No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.

(h) Effective Date.--This section shall take effect 180 days after the date of the enactment of this Act.

VA Infrastructure Powers Exceptional Research Act of 2021 H.R. 5721

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``VA Infrastructure Powers Exceptional Research Act of 2021'' or the ``VIPER Act of 2021''. SEC. 2. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.

(a) In General.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 120. Inapplicability of Paperwork Reduction Act

``Subchapter I of chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to research activities of the Department, including activities under subchapter V of chapter 73.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``120. Inapplicability of Paperwork Reduction Act.''. SEC. 3. RESEARCH AND DEVELOPMENT.

(a) Office of Research and Development.--Chapter 73 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--RESEARCH AND DEVELOPMENT ``Sec. 7381. Office of Research and Development

``(a) Office of Research and Development.--There is in the Veterans Health Administration an Office of Research and Development (in this section referred to as the `Office').

``(b) Purposes.--The function of the Office is to serve veterans through a full spectrum of research (including pre- clinical, clinical, and health systems science), technology transfer, and application.

``(c) Chief Research and Development Officer.--The head of the Office is the Chief Research and Development Officer.

``(d) Organization and Personnel.--The Office shall be organized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe. ``Sec. 7382. Research personnel

``(a) Waiver of Intergovernmental Personnel Act Mobility Program Limits.--The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the `Intergovernmental Personnel Act Mobility Program').

``(b) Outside Earned Income for Research for the Department.--(1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18, to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if--

``(A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health;

``(B) the employee conducts research under the supervision of personnel of the Department; and

``(C) the Secretary agreed to the terms of such compensation in writing.

``(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter v--research and development ``7381. Office of Research and Development. ``7382. Research personnel.''. SEC. 4. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF RESEARCH OCCUPATIONS.

Section 7401(3) of title 38, United States Code, is amended by inserting ``statisticians, economists, informaticists, data scientists, and'' after ``blind rehabilitation outpatient specialists,''. Manufacturing.gov Act H.R. 6290

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Manufacturing.gov Act''. SEC. 2. MANUFACTURING.GOV HUB.

(a) Definition.--In this section, the term ``Secretary'' means the Secretary of Commerce.

(b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Chief Information Officer of the Department of Commerce, shall modify the manufacturing.gov website by establishing a section of the website to be known as the ``manufacturing.gov hub''.

(1) serve as the primary hub for information relating to every Federal manufacturing program, including the programs identified in the report of the Government Accountability Office entitled ``U.S. Manufacturing'' (GAO 17-240), published on March 28, 2017;

(2) provide the contact information of relevant program offices carrying out the Federal manufacturing programs described in paragraph (1);

(3) provide an avenue for public input and feedback relating to--

(A) the functionality of the website of the Department of Commerce;

(B) the Federal manufacturing programs described in paragraph (1); and

(4) establish web pages within the hub that shall focus on--

(A) technology and research and development;

(B) trade;

(D) industrial commons and supply chains; and

(E) small and medium manufacturers; and

(5) use machine learning to--

(A) identify frequently asked questions; and

(B) disseminate to the public answers to the questions identified under subparagraph (A).

(d) No Additional Funds.--No additional funds are authorized to be appropriated for the purpose of carrying out this section.

Improving Oversight of Veterans Community Care Providers Act of 2022 H.R. 7277

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Improving Oversight of Veterans Community Care Providers Act of 2022''. SEC. 2. IDENTIFICATION OF HEALTH CARE PROVIDERS THAT ARE NOT ELIGIBLE TO PARTICIPATE IN VETERANS COMMUNITY CARE PROGRAM.

(a) Plan.--

(1) Requirement.--Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Health, shall carry out a plan to improve the methods by which the Secretary identifies health care providers that are not eligible to participate in the Veterans Community Care Program.

(2) Matters included.--The plan under paragraph (1) shall include the following:

(A) Modifying the standard operating procedures of the Office of Community Care of the Veterans Health Administration regarding the exclusion of health care providers from participating in the Veterans Community Care Program to require the automated continuous matching of health care providers in the Provider Profile Management System of the Veterans Health Administration, or such successor system, with covered data systems using multiple unique identifiers, including taxpayer identification number, national provider identifier, Social Security number, and date of birth.

(B) A fraud risk analysis conducted by the Office of Community Care regarding the exclusion of health care providers from participating in the Veterans Community Care Program that includes--

(i) an assessment of the likelihood and impact of inherent fraud risks relating to the self-certification of State licenses and addresses provided by health care providers;

(ii) a determination of the fraud risk tolerance; and

(iii) an examination of the suitability of existing fraud controls.

(C) Any other matters the Under Secretary determines will improve the oversight of health care providers participating in the Veterans Community Care Program.

(b) Certification.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall certify to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the Secretary has implemented the plan under subsection (a).

(1) Initial report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that--

(A) describes the progress the Under Secretary has made in carrying out the plan under subsection (a); and

(B) includes recommendations for legislative action to further improve the methods by which the Secretary identifies health care providers that are not eligible to participate in the Veterans Community Care Program.

(2) Update.--Not later than two years after the date on which the Secretary submits the report under paragraph (1), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an update to the report.

(d) Definitions.--In this section:

(1) The term ``covered data systems'' means the following:

(A) The List of Excluded Individuals/Entities of the Office of Inspector General of the Department of Health and Human Services.

(B) The System for Award Management Exclusions list described in part 9 of title 48, Code of Federal Regulations, and part 180 of title 2 of such Code, or successor regulations.

(C) The monthly deactivation file of the National Plan and Provider Enumeration System of the Centers for Medicare & Medicaid Services.

(D) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).

(2) The term ``Veterans Community Care Program'' means the program established under section 1703 of title 38, United States Code. Strengthening VA Cybersecurity Act of 2022 H.R. 7299

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Strengthening VA Cybersecurity Act of 2022'' or the ``SVAC Act of 2022''. SEC. 2. INDEPENDENT CYBERSECURITY ASSESSMENT OF INFORMATION SYSTEMS OF DEPARTMENT OF VETERANS AFFAIRS.

(a) Independent Assessment Required.--

(1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with a federally funded research and development center to provide to the Secretary an independent cybersecurity assessment of--

(A) five high-impact information systems of the Department of Veterans Affairs; and

(B) the effectiveness of the information security program and information security management system of the Department.

(2) Detailed analysis.--The independent cybersecurity assessment provided under paragraph (1) shall include a detailed analysis of the ability of the Department--

(A) to ensure the confidentiality, integrity, and availability of the information, information systems, and devices of the Department; and

(B) to protect against--

(i) advanced persistent cybersecurity threats;

(ii) ransomware;

(iii) denial of service attacks;

(iv) insider threats;

(v) threats from foreign actors, including state sponsored criminals and other foreign based criminals;

(vi) phishing;

(vii) credential theft;

(viii) cybersecurity attacks that target the supply chain of the Department;

(ix) threats due to remote access and telework activity; and

(x) other cyber threats.

(3) Types of systems.--The independent cybersecurity assessment provided under paragraph (1) shall cover on- premises, remote, cloud-based, and mobile information systems and devices used by, or in support of, Department activities.

(4) Shadow information technology.--The independent cybersecurity assessment provided under paragraph (1) shall include an evaluation of the use of information technology systems, devices, and services by employees and contractors of the Department who do so without the heads of the elements of the Department that are responsible for information technology at the Department knowing or approving of such use.

(5) Methodology.--In conducting the cybersecurity assessment to be provided under paragraph (1), the federally funded research and development center shall take into account industry best practices and the current state-of-the- art in cybersecurity evaluation and review.

(b) Plan.--

(1) In general.--Not later than 120 days after the date on which an independent assessment is provided to the Secretary by a federally funded research and development center pursuant to an agreement entered into under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a plan to address the findings of the federally funded research and development center set forth in such assessment.

(2) Elements.--The plan submitted under paragraph (1) shall include the following:

(A) Improvements to the security controls of the information systems of the Department assessed under subsection (a) to--

(i) achieve the goals specified in subparagraph (A) of paragraph (2) of such subsection; and

(ii) protect against the threats specified in subparagraph (B) of such paragraph.

(B) Improvements to the information security program and information security management system of the Department to achieve such goals and protect against such threats.

(D) A timeline for implementing the plan.

(E) Such other elements as the Secretary considers appropriate.

(c) Comptroller General of the United States Evaluation and Review.--Not later than 180 days after the date of the submission of the plan under subsection (b)(1), the Comptroller General of the United States shall--

(1) commence an evaluation and review of--

(A) the independent cybersecurity assessment provided under subsection (a); and

(B) the response of the Department to such assessment; and

(2) provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the results of the evaluation and review, including any recommendations made to the Secretary regarding the matters covered by the briefing. Disaster Survivors Fairness Act of 2022 H.R. 8416

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Disaster Survivors Fairness Act of 2022''.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Information sharing for Federal agencies. Sec. 3. Universal application for individual assistance. Sec. 4. Repair and rebuilding. Sec. 5. Direct assistance. Sec. 6. State-managed housing pilot authority. Sec. 7. Management costs. Sec. 8. Individual assistance post-disaster housing study. Sec. 9. Funding for online guides for post-disaster assistance. Sec. 10. Individual assistance dashboard. Sec. 11. FEMA reports. Sec. 12. Sheltering of emergency response personnel. Sec. 13. GAO report on preliminary damage assessments. Sec. 14. Applicability.

(c) Definitions.--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). SEC. 2. INFORMATION SHARING FOR FEDERAL AGENCIES.

(a) Establishment of Electronic Information Sharing System.--

(1) In general.--The Administrator of the Federal Emergency Management Agency shall establish and maintain a web-based interagency electronic information sharing system, to be known as ``DisasterAssistance.gov'', to--

(A) facilitate the administration of the universal application for direct Federal disaster assistance established under section 3;

(B) carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws, regulations, and the privacy and data protections provided under this section; and

(C) support the detection, prevention, and investigation of waste, fraud, abuse, inequitable allocation of resources, or discrimination in the administration of disaster assistance programs.

(2) Authorities of administrator.--In establishing and maintaining the electronic information sharing system under this subsection, the Administrator may collect and maintain disaster assistance information received from a disaster assistance agency, a block grant recipient, or an applicant for a disaster assistance program and share such information with any other disaster assistance agency or block grant recipient using such electronic information sharing system.

(b) Data Security.--The Administrator may facilitate the collection of disaster assistance information into the electronic information sharing system established under this section only after the following requirements have been met:

(1) The Administrator certifies that the electronic information sharing system substantially complies with the data security standards and best practices established pursuant to subchapter II of chapter 35 of title 44, United States Code, and any other applicable Federal information security policy.

(2) The Secretary of Homeland Security publishes a privacy impact assessment for the electronic information sharing system, in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).

(3) The Administrator, after consulting with disaster assistance agencies, publishes standard rules of behavior for disaster assistance agencies, block grant recipients, and personnel granted access to disaster assistance information to protect such information from improper disclosure.

(1) In general.--The Administrator may authorize the collection, maintenance, sharing, and use of additional disaster assistance information by publishing a notice on DisasterAssistance.gov that includes a detailed description of--

(A) the specific amendments to the collection, maintenance, and sharing of disaster assistance information authorized;

(B) why each such amendment to how disaster assistance information is collected, maintained, or shared is necessary to carry out the purposes of a disaster assistance program and consistent with the fair information practice principles; and

(C) the disaster assistance agencies and block grant recipients that will be granted access to the additional information to carry out the purposes of any disaster assistance program.

(2) Notice and publication requirements.--The publication of a notice under paragraph (1) of a revision to the DisasterAssistance.gov system of records prior to any new collection, or uses, of Privacy Act categories of records, to carry out the purposes of a disaster assistance program with regard to a disaster declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191), shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the entire period of performance for any assistance provided under a disaster assistance program.

(3) Waiver of information collection requirements.--

(A) In general.--Upon the declaration of a major disaster or emergency pursuant to sections 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191), the President may direct the Administrator to waive the requirements of subchapter I of chapter 35 of title 44, United States Code, with respect to voluntary collection of information for the duration of such major disaster or emergency.

(B) Transparency.--Upon exercising the waiver authority under subparagraph (A), the Administrator shall--

(i) promptly post on a website of the Federal Emergency Management Agency a brief justification for such waiver, the anticipated period of time such waiver will be in effect, and the disaster assistance offices within the Federal Emergency Management Agency to which such waiver shall apply; and

(ii) update the information relating to such waiver, as applicable.

(4) GAO review of waiver of information collection requirements.--

(A) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report describing the benefits and potential risks associated with authorizing the waiver of the information collection requirements described in paragraph (3).

(B) Contents.--The report required under subparagraph (A) shall include an assessment of the extent to which a waiver described in paragraph (3) would--

(i) affect the paperwork burden for individuals, small businesses, State, local and tribal governments, and other persons;

(ii) affect the consistent application of Federal laws relating to--

(I) privacy and confidentiality;

(II) security of information; and

(III) access to information; and

(iii) encourage or deter a State or other entity from participating in the voluntary collection of information for the duration of a major disaster or emergency.

(d) Use by Other Federal Agencies.--

(1) In general.--The Administrator may permit a Federal agency other than a disaster assistance agency listed in subparagraphs (A) through (D) of subsection (f)(3) to use the electronic information sharing system established under this section for the purpose of facilitating disaster-related assistance if such agency enters into an agreement containing the terms described in paragraph (2).

(2) Agency agreement.--An agreement entered into under paragraph (1) shall contain the following terms:

(A) The Federal agency shall--

(i) collect, share, maintain, and use disaster assistance information in compliance with this section and any policies of the Federal Emergency Management Agency and any information protection and use policies of such Federal agency; and

(ii) train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (b)(3).

(B) In the event of any unauthorized disclosure of disaster assistance information, the Federal agency shall--

(i) notify the Administrator within 24 hours of discovering any such unauthorized disclosure;

(ii) cooperate fully with the Administrator in the investigation and remediation of any such disclosure;

(iii) cooperate fully in the prosecution of a person responsible for such disclosure; and

(iv) assume the responsibility for any compensation, civil liability, or other remediation measures, whether awarded by a judgment of a court or agreed as a compromise of any potential claims by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure that is--

(I) caused, directly or indirectly, by the acts or omissions of officers, employees, and contractors of the agency; or

(II) from any electronic system of records that is created or maintained by the agency pursuant to section 552a(e) of title 5, United States Code.

(3) Publication of agency agreement.--The Administrator shall publish an agency agreement entered into under this subsection on the same website as the electronic information sharing system established under this section.

(e) Rule of Construction.--The sharing and use of disaster assistance information that is subject to the requirements of section 552a of title 5, United States Code, by disaster assistance agencies and block grant recipients shall not--

(1) be construed as a matching program for purposes of section 552a(a)(8) of such title; or

(2) be subject to the remaining computer matching provisions of section 552a of such title.

(f) Definitions.--In this section:

(1) Applicant.--The term ``applicant'' means--

(A) a person who applies for disaster assistance from a disaster assistance program; and

(B) a person on whose behalf a person described in subparagraph (A) has applied for disaster assistance.

(2) Block grant recipient.--The term ``block grant recipient'' means a State, local government, or Indian Tribe that receives assistance through the disaster assistance program described in paragraph (5)(B)(i).

(3) Disaster assistance agency.--The term ``disaster assistance agency'' means--

(A) the Federal Emergency Management Agency;

(B) the Department of Housing and Urban Development;

(D) the Department of Agriculture;

(E) any other Federal agency that the Administrator permits to use the electronic information sharing system under subsection (d).

(4) Disaster assistance information.--The term ``disaster assistance information'' includes any personal, demographic, biographical, geographical, financial information, or other information that a disaster assistance agency or block grant recipient is authorized to collect, maintain, share, or use to process an application for disaster assistance or otherwise carry out a disaster assistance program.

(5) Disaster assistance program.--The term ``disaster assistance program'' means--

(A) any program that provides assistance to individuals and households under title IV or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); and

(B) any other assistance program carried out by a disaster assistance agency that provides assistance to an individual, household, or organization related to a major disaster or emergency declared under sections 401 or 501 of such Act, including--

(i) assistance for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation that are authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);

(ii) any loan that is authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and

(iii) the distribution of food benefit allotments as authorized under section 412 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) and section 5(h) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)). SEC. 3. UNIVERSAL APPLICATION FOR INDIVIDUAL ASSISTANCE.

(a) Universal Application.--The Administrator of the Federal Emergency Management Agency shall develop and establish a universal application for direct Federal disaster assistance for individuals in areas impacted by emergencies or disasters.

(b) Consultation and Support.--

(1) Consultation.--In carrying out this section, the Administrator shall consult with the following:

(A) The Director of the Office of Management and Budget.

(B) The Administrator of the Small Business Administration.

(D) The Secretary of Agriculture.

(2) Support.--The entities described in paragraph (1) shall provide prompt support to the Administrator.

(c) Survey.--The application established under subsection (a) shall include a voluntary survey to collect the demographic data of an applicant.

(d) GAO Assessment on Identity Theft and Disaster Fraud in Disaster Assistance Programs.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall--

(1) conduct an assessment of improper and potentially fraudulent Federal disaster assistance for individuals made to victims of major disasters declared in 2020 and 2021, including through identity theft; and

(2) 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 describes--

(A) the prevalence of improper and potentially fraudulent Federal disaster assistance for individuals made to registrants who used invalid information to apply for disaster assistance, including through identity theft;

(B) the number of disaster victims whose claims for Federal disaster assistance for individuals were denied due to another individual filing a fraudulent application using their personal identifying information;

(C) the adequacy of existing fraud prevention protocols in place on the Federal Emergency Management Agency's online application for Federal disaster assistance for individuals; and

(D) recommendations for improving the identity verification protocols in place for Federal disaster assistance for individuals. SEC. 4. REPAIR AND REBUILDING.

(a) In General.--Section 408(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(b)(1)) is amended--

(1) by striking ``rendered uninhabitable'' and inserting ``damaged by a major disaster''; and

(2) by striking ``uninhabitable, as a result of damage caused by a major disaster'' and inserting ``damaged by a major disaster''.

(b) Hazard Mitigation.--Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended--

(1) in subsection (c) by adding at the end the following:

``(5) Hazard mitigation.--

``(A) In general.--The President may provide financial assistance to individuals and households, whose primary residence, utilities, or residential infrastructure are damaged by a major disaster, for cost-effective hazard mitigation measures that reduce threats to life and property, or future damage to such residence, utilities, or infrastructure in future disasters.

``(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.''; and

(2) in subsection (h)--

(A) in paragraph (1) by inserting ``, financial assistance for hazard mitigation under subsection (c)(5)(A),'' after ``subsection (c)(1)(A)(i)''; and

(B) by adding at the end the following:

``(5) Hazard mitigation.--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.''. SEC. 5. DIRECT ASSISTANCE.

(a) In General.--Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is further amended by striking paragraph (2) and inserting the following:

``(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.

``(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.''.

(b) State- or Indian Tribal Government-administered Assistance and Other Needs Assistance.--Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended--

(1) 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

(2) 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)''. SEC. 6. 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--

(1) in subsection (f)(3)--

(A) by striking subparagraph (F);

(B) by redesignating subparagraphs (G), (H), (I), and (J) as subparagraphs (F), (G), (H), and (I), respectively; and

(i) in clause (ii) by striking ``Not later than 2 years after the date of enactment of this paragraph, the'' and inserting ``The''; and

(ii) in clause (iii) by striking--

(I) ``2 years after the date of enactment of this paragraph or'' and

(II) ``, whichever occurs sooner''; and

(2) in subsection (g)--

(A) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and

(B) by adding at the end the following:

``(3) Disaster assistance.--In the case of assistance provided under subsections (c)(1)(B), (c)(2)(B), and (c)(4), the Federal share shall be not less than 75 percent.''. SEC. 7. MANAGEMENT COSTS.

(a) In General.--Section 324(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b(b)(2)(C)) is amended by adding at the end the following:

``(C) Individual assistance.--A grantee under section 408(f) may be reimbursed not more than 12 percent of the total award amount under each such section.

``(D) Crisis counseling assistance, training, and case management services.--A grantee and subgrantee, cumulatively, may be reimbursed not more than 15 percent of the total amount of the grant award under either section 416 or 426.''.

(b) Administrative Costs.--Section 408(f)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended--

(1) by striking ``(A) grant to state.--'' and all that follows through ``subsection (g),'' and inserting ``Subject to subsection (g),'' ; and

(2) by striking subparagraph (B). SEC. 8. INDIVIDUAL ASSISTANCE POST-DISASTER HOUSING STUDY.

(a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall--

(1) conduct a study and develop a plan under which the Agency will address the challenges associated with providing housing assistance to survivors of major disasters or emergencies pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including circumstances in which--

(A) the presence of multiple families within a single household; and

(B) the near loss of a community, with the majority of homes destroyed in such community, with discrete assessments on flood, wildfire, and earthquake events; and

(2) make recommendations for legislative changes needed to address the challenges described in paragraph (1).

(b) Consultation.--In conducting the study under subsection (a), the Administrator shall consult with other relevant Federal agencies and stakeholders.

(c) Report to Congress.--Upon completion of the activities carried out under subsection (a), the Administrator 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 containing the study and recommendations required under subsection (a). SEC. 9. FUNDING FOR ONLINE GUIDES FOR POST-DISASTER ASSISTANCE.

(a) Use of Services of Other Agencies.--Section 201(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(a)) is amended--

(1) in paragraph (7), by striking the period at the end and inserting ``; and''; and

(2) by adding at the end the following:

``(8) post-disaster assistance.''.

(b) Funding for Online Guides for 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:

``(e) Funding for Online Guides for Assistance.--

``(1) In general.--The Administrator of the Federal Emergency Management Agency may enter into a cooperative agreement to provide funding to a State agency established under subsection (c) to establish and 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) Management.--A website created under this subsection shall be--

``(A) managed by the State agency; and

``(B) suitable for the residents of the State of the State agency.

``(3) Content.--The Administrator may enter into a cooperative agreement to establish a website under this subsection only to provide 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) Cooperation.--A State agency that enters into a cooperative agreement 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 developing a website under this subsection.

``(5) Updates.--A State agency that receives funding to establish a website under this subsection shall update the website not less than once every 6 months.''. SEC. 10. 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: ``SEC. 431. INDIVIDUAL ASSISTANCE DASHBOARD.

``(a) In General.--Not later than 30 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 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.

``(b) Personally Identifiable Information.--The Administrator shall ensure that none of the information published under subsection (a) contains the personally identifiable information of an applicant.''. SEC. 11. FEMA REPORTS.

Not later than 180 days after the date of enactment of this Act, 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 Government Affairs of the Senate a report with respect to fiscal year 2016 through the most recent fiscal year ending before the date of enactment of this Act, and an annual report for any fiscal year beginning on or after the date of enactment of this Act, describing--

(1) 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. 5121 et seq.) to, and the rate of denial of individual assistance and individual and household assistance provided under such section for--

(A) all individuals;

(B) households;

(D) individuals with an annual income over 125 percent of the national median household income; and

(E) individuals with an annual income between 75 percent and 125 percent of the national median household income; and

(2) an explanation for any factors causing an increase in the rate of denial of the assistance described in paragraph (1), if applicable. SEC. 12. 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:

``(e) Sheltering of Emergency Response Personnel.--

``(1) In general.--For any major disaster for which the President has authorized emergency protective measures for an area within the jurisdiction of a State, tribal, or local government, the Administrator may reimburse the State, tribal, 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 tribal 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 general.--The Administrator may only reimburse a State, tribal, 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 in 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 reimbursement.--The period of reimbursement under subparagraph (A) may not exceed the 6- month period beginning on the date on which the incident period ends.

``(3) Definition.--In 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 members of Congress, responsible for the overseeing or directing emergency response operations or recovery activities.''. SEC. 13. GAO REPORT ON PRELIMINARY DAMAGE ASSESSMENTS.

(a) In General.--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).

(b) Contents.--The Comptroller General shall include in the study conducted under subsection (a) the following:

(1) 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.

(2) A review of training provided to individuals conducting preliminary damage assessments.

(3) 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. SEC. 14. APPLICABILITY.

The amendments made by sections 4, 5, 7, 9, and 12 shall only apply to amounts appropriated on or after the date of enactment of this Act.

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