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Disaster Survivors Fairness Act of 2025 · Introduced in House (2025-02-12) · Congress.wiki

H.R. 1245

119th CONGRESS 1st Session

To improve individual assistance provided by the Federal Emergency Management Agency, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · February 12, 2025 · Sponsor: Mr. Edwards

Sec. 1. Short title; table of contents.

(a) Short title
- This Act may be cited as the Disaster Survivors Fairness Act of 2025.
(b) Table of contents
(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

(a) Establishment of unified disaster application 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 the , to— unified disaster application system
    - facilitate the administration of the universal application for direct Federal disaster assistance established under section 3;
    - carry out the purposes of disaster assistance programs swiftly, efficiently, and in accordance with applicable laws, regulations, and the privacy and data protections provided under this section; and
    - support the detection, prevention, and investigation of waste, fraud, abuse, or discrimination in the administration of disaster assistance programs.
- (2) Authorities of administrator
  - In establishing and maintaining the unified disaster application 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 system.
- (3) Requirements
  - The Administrator shall ensure that the unified disaster application system established and maintained under this subsection—
    - allows an applicant to receive status updates on an application for disaster assistance programs submitted though such system;
    - allows for applicants to update disaster assistance information throughout the recovery journeys of such applicants in accordance with established application timeframes;
    - allows for the distribution to applicants of information about additional recovery resources that may be available in a disaster stricken area;
    - provides an applicant with information and documentation relating to an application for a disaster assistance program submitted by such applicant; and
    - contains any other capabilities determined necessary by the head of a disaster assistance agency.
(b) Data security
- The Administrator may facilitate the collection of disaster assistance information into the unified disaster application system established under subsection (a) only after the following requirements have been met:
  - The Administrator certifies that the unified disaster application system substantially complies with the data security standards and best practices established pursuant to subchapter II of of title 44, United States Code, and any other applicable Federal information security policy. chapter 35
  - The Secretary of Homeland Security publishes a privacy impact assessment for the unified disaster application system, in accordance with section 208(b)(1)(B) of the E-Government Act of 2002 ( note). 44 U.S.C. 3501

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:
    - The Director of the Office of Management and Budget.
    - The Administrator of the Small Business Administration.
    - The Secretary of Housing and Urban Development.
    - 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—
  - conduct an assessment of improper and potentially fraudulent Federal disaster assistance for individuals made to survivors of major disasters declared in 2020 and 2021, including through identity theft; and
  - 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—
    - 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;
    - the number of disaster survivors whose claims for Federal disaster assistance for individuals were denied due to another individual filing a fraudulent application using their personal identifying information;
    - 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
    - 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 () is amended— 42 U.S.C. 5174(b)(1)
  - by striking rendered uninhabitableand inserting damaged by a major disaster; and
  - by striking uninhabitable, as a result of damage caused by a major disasterand inserting damaged by a major disaster.
(b) Hazard mitigation
- Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended— 42 U.S.C. 5174
  - (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.
  - in subsection (c) by adding at the end the following:
  - in subsection (h)—
    - in paragraph (1) by inserting after ;
    - in paragraph (3) by striking paragraphs (1) and (2)and inserting paragraphs (1), (2), and (3); and
      - (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.
    - by adding at the end the following:

Sec. 5. Direct assistance.

(a) In general
- Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is further amended by striking paragraph (2) and inserting the following: 42 U.S.C. 5174(c)
  - (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) 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—
      - 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
      - eligible hazard mitigation measures that reduce the likelihood and future damage to such residences, utilities, and infrastructure.
      - (ii) 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 () is amended— 42 U.S.C. 5174(f)
  - by striking each place it appears and inserting paragraphs (1)(B), (2)(B), and (4) of subsection (c) and subsection (e); and
  - 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.

(a) In general
- Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended— 42 U.S.C. 5174
  - in subsection (f)(3)—
    - in subparagraph (A)—
      - (i) by striking and inserting the following:
        
        (i) A State
      - (ii) by adding at the end the following:
        
        (ii) The President shall make public the criteria used to evaluate applications under clause (i) and determine if a State or Indian tribal government meets the criteria described in subparagraph (B) to administer grants described in paragraph (1)(A).
    - in subparagraph (C)(ii)—
      - (i) in subclause (I) by striking and inserting a semicolon;
      - (ii) in subclause (II) by striking the period at the end and inserting a semicolon; and
      - (iii) by adding at the end the following:
        
        outline the approach of the State to help disaster survivors create a permanent housing plan; and
        
        outline the approach of the State to provide individual disaster survivors some choice of communities and properties, as practicable.
    - by striking subparagraph (F);
    - by redesignating subparagraphs (G), (H), (I), and (J) as subparagraphs (F), (G), (H), and (I), respectively; and
    - 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, theand inserting The; and
      - (ii) in clause (iii) by striking 2 yearsand inserting 10 years; and
  - in subsection (g)—
    - in paragraph (1) by striking paragraph (2)and inserting paragraphs (2) and (3); and
      - (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.
    - by adding at the end the following:
(b) GAO assessment
- Upon the expiration of the authority to carry out section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () as a pilot program, the Comptroller General of the United States shall issue a report on the effectiveness, successes, and challenges of any pilot program carried out pursuant to such section and make recommendations on how to improve the provision of assistance under such section. 42 U.S.C. 5174(f)

Sec. 7. Management costs.

(a) In general
- Section 324(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended by adding at the end the following: 42 U.S.C. 5165b(b)(2)
  - (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 (), as amended by section 5(b) of this Act, is amended— 42 U.S.C. 5174
  - by striking subsection (g),and all that follows through and inserting Subject to subsection (g),; and
  - by striking subparagraph (B).

Sec. 8. 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 () is amended— 42 U.S.C. 5131(a)
  - in paragraph (7), by striking the period at the end and inserting ; and; and
    - post-disaster assistance.
  - by adding at the end the following:
(b) Grants for online guides for assistance
- Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended by adding at the end the following: 42 U.S.C. 5131
  - (e) Funding for online guides for assistance
    - (1) In general
      - The Administrator of the Federal Emergency Management Agency may provide funding to a State agency established under subsection (c) to establish, update, or 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—
        
        managed by the State agency; and
        
        suitable for the residents of the State of the State agency.
    - (3) Content
      - The Administrator may provide funding to a State agency under this subsection to establish a website that contains only 1 or more of the following:
        
        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.
        
        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.
        
        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 receives funding 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. 9. Individual assistance dashboard.

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended by adding at the end the following: 42 U.S.C. 5170 et seq.

(a) In general
- Not later than 90 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:
  - 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).
  - The number of applications for such assistance that are approved.
  - The number of applications for such assistance that are denied.
  - A ranked list of the reasons for the denial of such applications, including the number of applications for each reason for denial.
  - If available, the dollar amount of assistance provided pursuant to section 408 to applicants who are—
    - property owners with a household annual income—
      - (i) above the national median household income; and
      - (ii) below the national median household income; and
    - renters with a household annual income—
      - (i) above the national median household income; and
      - (ii) below the national median household income.
  - The estimated percentage of residential property that was destroyed as a result of the major disaster, if available.
  - Any other information that the Administrator determines to be relevant.
(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. 10. FEMA reports.

(a) In general
- 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—
  - 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 () to, and the rate of denial of individual assistance and individual and household assistance provided under such section for— 42 U.S.C. 5121 et seq.
    - all individuals;
    - households;
    - individuals and households with a reported annual income under 75 percent of the national median household income;
    - individuals with a reported annual income over 125 percent of the national median household income; and
    - individuals with a reported annual income between 75 percent and 125 percent of the national median household income; and
  - an explanation for any factors causing an increase in the rate of denial of the assistance described in paragraph (1), if applicable.
(b) Information required
- In the report submitted under subsection (a), the Administrator shall describe the number of homeowners and the number of renters for each category of individuals and households described in subparagraphs (C) through (E) of subsection (a)(1).

Sec. 11. Sheltering of emergency response personnel.

Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended by adding at the end the following: 42 U.S.C. 5170b

(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 means— emergency response personnel
    - employees or contracted employees providing law enforcement, fire suppression, rescue, emergency medical, emergency management, or emergency communications services; and
    - elected officials, except members of Congress, responsible for the overseeing or directing emergency response operations or recovery activities.

Sec. 12. Improved rental assistance.

(a) In general
- Section 408(c)(1)(A)(ii) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () is amended by inserting after . 42 U.S.C. 5174(c)(1)(A)(ii)
(b) Study
- Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall conduct a study to examine the unique challenges of renters when seeking Federal disaster assistance and any disparities of assistance provided to homeowners and renters pursuant to section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () and develop a plan that addresses any identified challenges and disparities, including any recommendations for legislative action. 42 U.S.C. 5174
(c) Report to Congress
- Upon completion of the activities carried out under subsection (b), 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 (b).
(d) Consultation
- In completing the study and report required under subsections (b) and (c), the Administrator shall consult with appropriate Federal entities and stakeholders involved in disaster housing.

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:
  - 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.
  - A review of training provided to individuals conducting preliminary damage assessments.
  - 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, 8, and 11 shall only apply to amounts appropriated on or after the date of enactment of this Act.

Sec. 15. GAO report to Congress on challenges under public assistance alternative procedures.

(a) In general
- The Comptroller General of the United States shall conduct a study on the challenges to States and Territories of the United States in obtaining assistance under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (). 42 U.S.C. 5189f
(b) Contents
- In conducting the study described in subsection (a), the Comptroller General shall study the challenges for assistance described in subsection (a) faced by the following:
  - Rural areas, as such term is defined in section 423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (). 42 U.S.C. 5189a
  - Small impoverished communities, as such term is defined in section 203 of such Act.
  - Other communities, areas, or individuals that the Comptroller General determines pertinent.
(c) Report to congress
- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study required under subsection (a).

(1) In general
- The Administrator may authorize the additional collection, maintenance, sharing, and use of disaster assistance information by publishing a notice on the unified disaster application system established under subsection (a) that includes a detailed description of—
  - the specific amendments to the collection, maintenance, and sharing of disaster assistance information authorized;
  - 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
  - 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 unified disaster application 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 (; 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. 42 U.S.C. 5170
(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 (; 5191) by the President, the Administrator may waive the requirements of subchapter I of of title 44, United States Code, with respect to voluntary collection of information for the entire period of performance for any assistance provided under a disaster assistance program. 42 U.S.C. 5170; chapter 35
- (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—
    - privacy and confidentiality;
    - security of information; and
    - 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 unified disaster application system established under subsection (a) 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:
  - 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).
  - 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—
    - caused, directly or indirectly, by the acts or omissions of officers, employees, and contractors of the agency; or
    - 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 unified disaster application system established under subsection (a).