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Code · STATUTE-COMPILATIONS · FAA Reauthorization Act of 2018 · Sec. 1211

Sec. 1211. STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY HOUSING AND PERMANENT HOUSING CONSTRUCTION

1,364 words·~6 min read·/statute-compilations/comps-15561/sec-1211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1211 STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY HOUSING AND PERMANENT HOUSING CONSTRUCTION ###
(a)State Role Section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(f)) is amended— ####
(1)in paragraph (1)— #####
(A)by striking the paragraph heading and inserting “State- or indian tribal government-administered assistance and other needs assistance.—”; #####
(B)in subparagraph (A)— ######
(i)by striking “financial”; and ######
(ii)by striking “subsection (e)” and inserting “subsections (c)(1)(B), (c)(4), and
(e)if the President and the State or Indian tribal government comply, as determined by the Administrator, with paragraph (3)”; and #####
(C)in subparagraph (B)— ######
(i)by striking “financial”; and ######
(ii)by striking “subsection (e)” and inserting “subsections (c)(1)(B), (c)(4), and (e)”; and ####
(2)by adding at the end the following: > > #### “(3) Requirements > > > ##### “(A) Application > > A State or Indian tribal government desiring to provide assistance under subsection (c)(1)(B), (c)(4), or
(e)shall submit to the President an application for a grant to provide financial assistance under the program. > > > ##### “(B) Criteria > > The President, in consultation and coordination with State and Indian tribal governments, shall establish criteria for the approval of applications submitted under subparagraph (A). The criteria shall include, at a minimum— > > > ###### “(i) > > a requirement that the State or Indian tribal government submit a housing strategy under subparagraph (C); > > > ###### “(ii) > > the demonstrated ability of the State or Indian tribal government to manage the program under this section; > > > ###### “(iii) > > there being in effect a plan approved by the President as to how the State or Indian tribal government will comply with applicable Federal laws and regulations and how the State or Indian tribal government will provide assistance under its plan; > > > ###### “(iv) > > a requirement that the State or Indian tribal government comply with rules and regulations established pursuant to subsection (j); and > > > ###### “(v) > > a requirement that the President, or the designee of the President, comply with subsection (i). > > > ##### “(C) Requirement of housing strategy > > > ###### “(i) In general > > A State or Indian tribal government submitting an application under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the President for approval. > > > ###### “(ii) Requirements > > The housing strategy required under clause
(i)shall— > > > ###### “(I) > > outline the approach of the State in working with Federal partners, Indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster-related sheltering and housing needs; and > > > ###### “(II) > > include the establishment of an activation plan for a State Disaster Housing Task Force, as outlined in the National Disaster Housing Strategy, to bring together State, tribal, local, Federal, nongovernmental, and private sector expertise to evaluate housing requirements, consider potential solutions, recognize special needs populations, and propose recommendations. > > > ##### “(D) Quality assurance > > Before approving an application submitted under this section, the President, or the designee of the President, shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for this program and for programs under subsections (c)(1)(B), (c)(4), and (e). The President shall monitor and conduct quality assurance activities on a State or Indian tribal government’s implementation of programs under subsections (c)(1)(B), (c)(4), and (e). If, after approving an application of a State or Indian tribal government submitted under this paragraph, the President determines that the State or Indian tribal government is not administering the program established by this section in a manner satisfactory to the President, the President shall withdraw the approval. > > > ##### “(E) Audits > > The Inspector General of the Department of Homeland Security shall provide for periodic audits of the programs administered by States and Indian tribal governments under this subsection. > > > ##### “(F) Applicable laws > > All Federal laws applicable to the management, administration, or contracting of the programs by the Federal Emergency Management Agency under this section shall be applicable to the management, administration, or contracting by a non-Federal entity under this section. > > > ##### “(G) Report on effectiveness > > Not later than 18 months after the date of enactment of this paragraph, the Inspector General of the Department of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the State or Indian tribal government’s role to provide assistance under this section. The report shall contain an assessment of the effectiveness of the State or Indian tribal government’s role in providing assistance under this section, including— > > > ###### “(i) > > whether the State or Indian tribal government’s role helped to improve the general speed of disaster recovery; > > > ###### “(ii) > > whether the State or Indian tribal government providing assistance under this section had the capacity to administer this section; and > > > ###### “(iii) > > recommendations for changes to improve the program if the State or Indian tribal government’s role to administer the programs should be continued. > > > ##### “(H) Report on incentives > > Not later than 12 months after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on a potential incentive structure for awards made under this section to encourage participation by eligible States and Indian tribal governments. In developing this report, the Administrator of the Federal Emergency Management Agency shall consult with State, local, and Indian tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information in the report. This report should address, among other options, potential adjustments to the cost-share requirement and management costs to State and Indian tribal governments. > > > ##### “(I) Prohibition > > The President may not condition the provision of Federal assistance under this Act on a State or Indian tribal government requesting a grant under this section. > > > ##### “(J) Miscellaneous > > > ###### “(i) Notice and comment > > The Administrator of the Federal Emergency Management Agency may waive notice and comment rulemaking with respect to rules to carry out this section, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program until such regulations are promulgated. > > > ###### “(ii) Final rule > > Not later than 2 years after the date of enactment of this paragraph, the Administrator of the Federal Emergency Management Agency shall issue final regulations to implement this subsection as amended by the Disaster Recovery Reform Act of 2018. > > > ###### “(iii) Waiver and expiration > > The authority under clause
(i)and any pilot program implemented pursuant to such clause shall expire 2 years after the date of enactment of this paragraph or upon issuance of final regulations pursuant to clause (ii), whichever occurs sooner.” > . ###
(b)Reimbursement **[**[42 U.S.C. 5174 note](/us/usc/t42/s5174)**]** The Federal Emergency Management Agency
(FEMA)shall reimburse State and local units of government (for requests received within a period of 3 years after the declaration of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) upon determination that a locally implemented housing solution, implemented by State or local units of government— ####
(1)costs 50 percent of comparable FEMA solution or whatever the locally implemented solution costs, whichever is lower; ####
(2)complies with local housing regulations and ordinances; and ####
(3)the housing solution was implemented within 90 days of the disaster.
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Sec. 1211
STATE ADMINISTRATION OF ASSISTANCE FOR DIRECT TEMPORARY HOUSING AND PERMANENT HOUSING CONSTRUCTION
U.S.C.§ 5174
U.S.C.§ 5170
Cites 2Cited by 0 across 0 sources
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