Sec. 11. State administration of assistance for direct temporary housing and permanent housing construction
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/bill/115/s/3041/is/section-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(f) ) is amended— in paragraph (1)— by striking the paragraph heading and inserting ; State- or Tribal-administered assistance and other needs assistance .— in subparagraph (A)— by striking financial ; and by striking subsection
(e)and inserting subsections (c)(1)(B), (c)(4), and
(e)if the President and the State or Tribal government comply, as determined by the Administrator, with paragraph
(3); and in subparagraph (B)— by striking financial ; and by striking subsection
(e)and inserting subsections (c)(1)(B), (c)(4), and
(e); and by adding at the end the following: A State or Tribal government desiring to provide assistance under subsection (c)(1)(B), (c)(4), or
(e)shall submit to the President an application for a grant to provide financial assistance under the program. The President, in consultation and coordination with State, Tribal, and local governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum— a requirement that the State or Tribal government submit a housing strategy under subparagraph (C); the demonstrated ability of the State or Tribal government to manage the program under this section; there being in effect a plan approved by the President as to how the State or Tribal government will comply with applicable Federal laws and regulations and how the State or Tribal government will provide assistance under its plan; a requirement that the State, Tribal, or local government comply with rules and regulations established pursuant to subsection (j); and a requirement that the President, or the designee of the President, comply with subsection (i). A State or Tribal government submitting an application under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the President for approval. The housing strategy required under clause
(i)shall— outline the approach of the State in working with Federal partners, Tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster-related sheltering and housing needs; and include the establishment of an activation plan for a State Disaster Housing Task Force, as outlined in the National Disaster Housing Strategy, to bring together State, Tribal, local, Federal, nongovernmental, and private sector expertise to evaluate housing requirements, consider potential solutions, recognize special needs populations, and propose recommendations. Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor and conduct quality assurance activities on a State or Tribal government’s implementation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Tribal government submitted under this paragraph, the President determines that the State or Tribal government is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval. The Inspector General of the Department of Homeland Security shall provide for periodic audits of the programs administered by States and Tribal governments under this subsection. All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section. Not later than 18 months after the date of enactment of this paragraph, the Inspector General of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the State or Tribal government’s role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State or Tribal government’s role to provide assistance under this section, including— whether the State or Tribal government’s role helped to improve the general speed of disaster recovery; whether the State or Tribal government providing assistance under this section had the capacity to administer this section; and recommendations for changes to improve the program if the State or Tribal government’s role to administer the programs should be continued. Not later than 12 months after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on a proposed incentive structure for awards made under this section to encourage participation by eligible States and to potentially add cost-share requirements that are reasonable to support increased State management according to this section. The President may not condition the provision of Federal assistance under this Act by a State or Tribal government requesting a grant under this section. The Administrator of the Federal Emergency Management Agency may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated. Not later than 2 years after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform Act of 2018 . The authority under clause
(i)and any pilot program implemented pursuant to such clause shall expire 2 years after the date of enactment of this paragraph or upon issuance of final regulations pursuant to clause (ii), whichever occurs sooner. .
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Sec. 11
State administration of assistance for direct temporary housing and permanent housing construction
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