Disaster Survivors Fairness Act of 2022
Floor Speech
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Mr. CARTER of Louisiana. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 8416) to improve individual assistance provided by the Federal Emergency Management Agency, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: 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.
(c) Collection and Sharing of Additional Records and Information.--
(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;
(C) the Small Business Administration;
(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.
(C) The Secretary of Housing and Urban Development.
(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
(C) in subparagraph (I), as so redesignated--
(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;
(C) individuals and households with an annual income under 75 percent of the national median household income;
(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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Mr. CARTER of Louisiana. 8416, as amended.
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Mr. CARTER of Louisiana. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 8416. This legislation, introduced by Subcommittee Chair Dina Titus, significantly improves disaster assistance programs for individuals and families.
It is undeniable that climate change has transformed the nature and severity of natural disasters in the United States. This has caused real and devastating impacts for those who find themselves living in the path of these disasters. Their lives will be upended by the loss of savings, homes, loved ones, and peace of mind.
Survivors turn to their government, especially to the Federal Emergency Management Agency, or FEMA, for support after what may have been the worst day of their lives. We know this by firsthand experience in my home State of Louisiana. In Congress, we must do everything in our power to ensure that Federal Government offers a hand of support that is fair, capable, and compassionate.
This package includes several key provisions to improve disaster assistance programs and survivor outcomes. First, this package will create universal application for direct Federal assistance and enable Federal agencies to share relevant disaster assistance information with each other.
The bureaucracy of the current application and evaluation process can leave survivors so overwhelmed that they give up hope on accessing the aid they are, in fact, entitled to. I have heard this from my own constituents. It is a travesty. It adds insult to injury. That is why I support this substantial step forward to cut red tape, streamline survivors' access to assistance, and reduce the time it takes for our communities to recover.
Second, this legislation gives FEMA new authorities that significantly expand the agency's ability to make disaster damaged homes more resilient. It is common sense to encourage mitigation activities in disaster-prone areas. Homes that were impacted once by a disaster are likely to be impacted again, and those hard-hit households may need extra help to rebuild stronger.
Third, several amendments were made to the Stafford Act which enables FEMA to support innovative post-disaster housing solutions. Natural disasters can exacerbate housing crises already existing in communities much like those which I represent. This bill seeks to help.
For example, it authorizes the agency to provide direct repair assistance to homeowners, which may reduce the amount of time survivors spend in temporary shelters or housing before returning home. It also authorizes FEMA to reimburse States that implement their own innovative post-disaster housing solutions.
Lastly, this legislation includes a series of reports and studies that may identify existing challenges in the administration of current post-disaster housing programs and propose new solutions.
H.R. 8416 is designed to put survivors first and get them back on their feet after disasters faster. Disasters recognize no boundaries, and we must in turn strengthen and continually improve our disaster preparedness, response, and recovery systems from sea to shining sea.
Madam Speaker, I am proud to support this effort, and I reserve the balance of my time. House of Representatives, Committee on Small Business, Washington, DC, September 23, 2022. Hon. Peter A. DeFazio, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Washington, DC.
Dear Chairman DeFazio: I am writing with respect to H.R. 8416, the ``Disaster Survivors Fairness Act of 2022''. Thank you for consulting with the Committee on Small Business regarding the matters in H.R. 8416 that fall within the Committee's jurisdiction.
As a result of your consultation with us on this measure and in order to expeditiously move the bill to the floor, I forego further consideration of H.R. 8416. The Committee on Small Business takes this action with our mutual understanding that we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and the Committee will be appropriately consulted and involved as the bill or similar legislation moves forward so that we may address any remaining issues that fall within our jurisdiction. Further, I request your support for the appointment of an appropriate number of conferees from the Committee on Small Business during any House-Senate conference involving this or similar legislation.
Finally, I would appreciate your response to this letter confirming our understanding regarding H.R. 8416 and would ask that a copy of our exchange of letters on this matter be included in the Committee Report and the Congressional Record during floor consideration of the measure. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees. Sincerely, Nydia M. Velazquez, Chairwoman. ____ House of Representatives, Committee on Transportation and Infrastructure, Washington DC, September 26, 2022. Hon. Nydia M. Velazquez, Chairwoman, Committee on Small Business, House of Representatives, Washington, DC.
Dear Chairwoman Velazquez: Thank you for your letter regarding H.R. 8416, the Disaster Survivors Fairness Act of 2022. I appreciate your decision to waive formal consideration of the bill.
I agree that the Committee on Small Business has valid jurisdictional claims to certain provisions in this important legislation, and I further agree that by forgoing formal consideration of the bill, the Committee on Small Business is not waiving any jurisdiction over any relevant subject matter. Additionally, if requested I will support the appointment of conferees from the Committee on Small Business should a House-Senate conference be convened on this legislation. Finally, this exchange of letters will be included in the committee report and the Congressional Record when the bill is considered on the floor.
Thank you again, and I look forward to continuing to work collaboratively with the Committee on Small Business on this important issue. Sincerely, Peter A. DeFazio, Chair. ____ House of Representatives, Committee on Financial Services, Washington, DC, September 28, 2022. Hon. Peter DeFazio, Chairman, House Committee on Transportation and Infrastructure, Washington, DC.
Dear Chairman DeFazio: I am writing to acknowledge your letter dated September 28, 2022, regarding the waiver by the Committee on Financial Services of any Rule X jurisdiction claims over the matters contained in H.R. 8416, the ``Disaster Survivors Fairness Act of 2022.'' The Committee on Financial Services confirms our mutual understanding that our Committee does not waive any jurisdiction over the subject matter contained in this or similar legislation, and that our Committee will be appropriately consulted and involved as this bill or similar legislation moves forward so that we may address any remaining issues within our jurisdiction.
The Committee on Financial Services further confirms our interest in appointment of outside conferees from the Committee should this bill or similar language be considered in a conference with the Senate.
We request that you ensure that this exchange of letters is included in the Congressional Record during Floor consideration of the bill. We look forward to continuing to work with you as this measure moves through the legislative process. Sincerely, Maxine Waters, Chairwoman. ____ House of Representatives, Committee on Transportation and Infrastructure, Washington DC, September 28, 2022. Hon. Maxine Waters, Chairwoman, Committee on Financial Services, House of Representatives, Washington, DC.
Dear Chairwoman Waters: Thank you for your letter regarding H.R. 8416, the Disaster Survivors Fairness Act of 2022. I appreciate your willingness to work cooperatively on this legislation.
I acknowledge that by foregoing formal consideration on H.R. 8416, the Committee on Financial Services does not waive any future jurisdictional claims to provisions in this or similar legislation, and that your Committee will be consulted and involved on any matters in your Committee's jurisdiction should this legislation move forward. In addition, should a conference on the bill be necessary, I would support your effort to seek appointment of an appropriate number of conferees to any House-Senate conference involving provisions within this legislation on which the Committee on Financial Services has a valid jurisdictional claim.
I appreciate your cooperation regarding this legislation, and I will ensure that our exchange of letters is included in the Congressional Record during floor consideration of H.R. 8416. Sincerely, Peter A. DeFazio, Chair.
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Mr. CARTER of Louisiana. Madam Speaker, I yield such time as she may consume to the distinguished gentlewoman from Nevada (Ms. Titus), who is the author of this legislation.
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Mr. CARTER of Louisiana. Madam Speaker, I reserve the balance of my time.
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Mr. CARTER of Louisiana. Madam Speaker, I reserve the balance of my time.
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Mr. CARTER of Louisiana. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation includes a series of reforms that will streamline Federal assistance and benefit survivors like they have never been benefited before. It is our duty to make disaster assistance fair and accessible to each and every survivor.
Madam Speaker, I urge my colleagues to support this good, bipartisan legislation, and I applaud my colleagues for joining us in working in unison to do what is best for the American people. I completely support this incredible legislation, and I urge my colleagues to do the same.
Madam Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, as a senior member of the House Committee on Homeland Security, I rise in support of H.R. 8416, the ``Disasters of Survivors Fairness Act of 2022.''
The Federal Emergency Management Agency's mission is to help Americans prepare for, respond, and recover from disasters.
From day one, FEMA has been committed to protecting and serving Americans who have been impacted by disasters.
Unfortunately, though, the toll of disasters is much greater on most Americans than it is on those who are wealthier.
A 2020 FEMA National Advisory Committee report stated that disaster relief programs ``provide an additional boost to wealthy homeowners and others with less need, while lower-income individuals and others sink further into poverty after disasters.''
It is unfair that any survivor of disasters must suffer because of disparities in FEMA disaster response that have gone unchallenged for far too long.
For example, FEMA records show that low-income homeowners were denied 30 percent of the time compared to higher-income owners, who were denied 13 percent of the time, a 17-point difference.
Unfortunately, these disparities reveal the experience of African American and Hispanic Americans.
Threats posed by natural disasters intensify existing social and racial and ethnic inequities. After a natural disaster, people in disadvantaged communities have worse outcomes due to stresses or exposures to other risks associated with a disaster.
Low-income people and people of color are more likely to live in disaster-prone areas, live in lower-quality housing that is less safe when disasters occur, and have chronic illnesses that make them more vulnerable.
As climate change accelerates and intensifies, the natural disasters that it causes take a steeper toll each year.
Since climate change affects health in a variety of ways, disaster mitigation and response planning must be scoped in advance to ameliorate the consequences, hardships, and inequities.
To ensure that FEMA will lead equitable health interventions during disaster response, we must enable it to provide evidence-based policy, programming, and service delivery designed to protect health and promote health equity during disaster response and recovery.
Our nation is ill-prepared to deal with successive extreme weather events occurring nearly simultaneously, just as in 2017, when Hurricanes Harvey, Jose and Maria hit within days of each other, while wildfires burned in California.
One thing is certain after speaking with the people of Houston who, unfortunately, are all too familiar with these problems: We require a disaster recovery system that is designed to help the people who truly need it.
H.R. 8416 would:
develop a universal application for federal disaster assistance;
remove the requirement that households must be rendered uninhabitable;
authorize the president to provide direct assistance to individuals and households;
remove the requirement that a household must be rendered uninhabitable;
allow FEMA to enter agreements with state agencies to provide funding for a website that will have information related to post disaster recovery funding and resources; and save taxpayer dollars by ensuring that FEMA resources are going to those who need the most help.
I have seen the dedication and hard work of FEMA professionals who provide relief to victims of disasters. But the unending string of disasters is stretching the fabric of emergency response systems across the nation. The pain and financial hardship that they cost the American people can be seen in headlines across the country.
We in Congress must do our part to enable FEMA to do more without diminishing the support of communities before, during, and after disasters.
No one was prepared for five days of subfreezing temperatures, ice- and snow-covered roads, and a failed energy grid throughout the state of Texas.
Texas power providers, Electric Reliability Council of Texas (ERCOT) and Entergy Corporation, did not provide the needed weatherization of power generating and delivery equipment after being warned in 2011 after a cold snap that the system would fail if these steps were not taken.
The number of additional deaths uses mortality data from the Centers for Disease Control and Prevention to compare the number of deaths from all causes that were reported in Texas during and after the storm with the number of fatalities that are normally reported during ordinary conditions.
That method is known as ``excess fatalities'' and has been employed during other disasters, like the COVID-19 pandemic, to estimate related death tolls.
In the aftermath of the storm millions of Texans struggled with the effects of the deadly winter storm, people of color and low-income communities who were disproportionately affected by blackouts and burst pipes could now face the hardest journey to recovery, experts said.
Hurricane Harvey hit a thousand square mile of Texas, just as in the past when Ike struck, but the telling sign of Blue Tarp Roofs are only in low-income, black, and brown communities' years after the storms have passed.
In the past the tools and resources available to FEMA to support disaster reponse and recovery have been limited to meals, water, trap.
Local, tribal, territorial, and state governments had to make request for aid to be provided.
For more substantial assistance, government contracting, and awards must be put into place, which can take months and in some cases years to get resources to victims.
This is too much time for survivors to have to wait for help.
The historic winter weather exacerbated pre-existing disparities like poor infrastructure and lack of resources in marginalized communities. Black and Latino communities who were disproportionately hit by COVID- 19 now must struggle to recover from one of the worst weather events to ever hit Texas.
The nine-county Houston metro area impacted by Hurricane Harvey covers 9,444 square miles, an area larger than five states. Including New Hampshire, New Jersy, and Connecticut.
Hurricane Harvey dropped 21 trillion gallons of rainfall on Texas and Louisiana, most of it on the Houston Metroplex.
At its peak on September 1, 2017, one-third of Houston was underwater.
Hurricane Harvey is the largest housing disaster to strike the U.S. in our nation's history.
Hurricane Harvey damaged 203,000 homes, of which 12,700 were destroyed.
These are not simply numbers, these are families. Son and daughters, mothers and fathers, friends, mentors, and caretakers, all who are deserving of ample disaster response and recover efforts.
There was no way to pre-prepare for Hurricanes Harvey, Katrina, Ian, or any of the other major disaster event.
What we can do is learn as much as possible and apply those lessons to future disaster response and recovery efforts.
When there is a catastrophic event, like Hurricane Harvey, there are important and valuable lessons that can help us to meet future challenges.
My constituents in Houston understand that our capacity to deal with hurricanes directly reflects our ability to respond to a terrorist attack in Texas or New York, an earthquake in California, or a nationwide pandemic.
On March 11, 2020, the World Health Organization declared that COVID- 19 was a pandemic, which had by that date reached at least 114 countries, sickening over 100,000 people, and killing more than 4,000.
It is the duty of Congress to make sure that FEMA is prepared to meet any challenge while bringing equity to the response made during disasters.
The work of the FEMA Office of Disaster Recovery and the Office of Disaster Recovery are critical when disaster strikes and for this reason, they should be a permanent part of the agency.
This is one of the reasons, I introduced the FEMA Modernization Act (H.R. 3060) in the 116th Congress.
H.R. 3060:
makes permanent the FEMA Office of Disaster Response and the FEMA Office of Disaster Recovery;
creates an ombudsman for each office to assist survivors and victims';
establishes a new National Disaster Medical Triage Capacity and an Incident Medical Recovery Management Team to set best practices for Advanced Trauma Life Support capabilities, enable medical evaluations, and assess health impacts that result from disasters;
creates an office of ombudsman to work within the agency to create equity and access;
provides for accurate reporting on deaths and missing persons; and
reports data on effective casework management for the provision of survivor benefits and services.
All survivors of disaster deserve a fair chance at obtaining disaster recovery and relief. We owe it to those who were ripped from their homes and left with nothing.
This bill provides the program support that is needed, since there is nowhere in the United States immune from disaster.
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