H.R. 1245 — Disaster Survivors Fairness Act of 2025

This section provides the short title, the table of contents, and a definitions rule for the Disaster Survivors Fairness Act of 2025. It specifies that, unless otherwise provided, terms in the Act have the meanings given in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

This section establishes a web-based interagency electronic information sharing system, to be known as the unified disaster application system, for the Federal Emergency Management Agency (FEMA) to administer a universal application for direct Federal disaster assistance, support the swift and lawful delivery of disaster aid, and detect, prevent, and investigate waste, fraud, abuse, or discrimination in disaster assistance programs. As background, disaster assistance programs provide Federal aid to individuals, households, and other recipients after a major disaster or emergency. The section authorizes FEMA to collect and maintain disaster assistance information from disaster assistance agencies, block grant recipients, and applicants, and to share that information with other disaster assistance agencies and block grant recipients through the system. It requires the system to provide applicants with status updates on their applications, allow applicants to update their information throughout the recovery process, distribute information about additional recovery resources in the disaster area, provide applicants with application-related information and documentation, and include any other capabilities determined necessary by a disaster assistance agency head. The section limits FEMA’s authority to collect and share information through the system until three conditions are met: (1) FEMA certifies that the system substantially complies with Federal data security standards and other applicable information security policy under title 44, United States Code; (2) the Secretary of Homeland Security publishes a privacy impact assessment under section 208(b)(1)(B) of the E-Government Act of 2002; and (3) FEMA, after consulting with disaster assistance agencies, publishes standard rules of behavior for agencies, block grant recipients, and personnel with access to disaster assistance information to protect against improper disclosure. The section also authorizes FEMA to expand the collection, maintenance, sharing, and use of disaster assistance information by posting a notice on the unified disaster application system that describes the specific changes, explains why each change is necessary and consistent with fair information practice principles, and identifies the agencies and block grant recipients that will receive access to the additional information. For disaster declarations under sections 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191), the notice requirement is deemed to satisfy the Privacy Act publication requirements under 5 U.S.C. § 552a(e)(4) for the entire period of performance for assistance provided under a disaster assistance program. The section further authorizes FEMA, upon a presidential declaration of a major disaster or emergency under sections 401 or 501 of the Stafford Act, to waive the information collection requirements of subchapter I of chapter 35 of title 44, United States Code, for voluntary information collection for the entire period of performance for disaster assistance. It requires FEMA to post a brief justification for any waiver, the anticipated duration of the waiver, and the FEMA offices to which the waiver applies, and to update that information as needed. It also directs the Comptroller General to report, not later than 1 year after enactment, on the benefits and

This section directs the Administrator of the Federal Emergency Management Agency to develop and establish a universal application for direct Federal disaster assistance for individuals in areas impacted by emergencies or disasters. It requires the Administrator to consult with the Director of the Office of Management and Budget, the Administrator of the Small Business Administration, the Secretary of Housing and Urban Development, and the Secretary of Agriculture, and requires those entities to provide prompt support. It also requires the application to include a voluntary survey to collect an applicant’s demographic data. In addition, this section requires the Comptroller General of the United States, not later than 1 year after enactment, to assess improper and potentially fraudulent Federal disaster assistance for individuals provided to survivors of major disasters declared in 2020 and 2021, including identity theft, and to submit a report to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs on the prevalence of such fraud, the number of survivors denied assistance because another individual filed a fraudulent application using their personal identifying information, the adequacy of existing fraud prevention protocols on FEMA’s online application, and recommendations for improving identity verification protocols.

This section revises the disaster housing assistance program under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) by changing eligibility for repair and rebuilding assistance from homes that are “rendered uninhabitable” to homes that are “damaged by a major disaster.” (Thus, individuals and households may qualify for assistance to repair disaster-damaged primary residences even if the homes are not uninhabitable.) It also extends the same “damaged by a major disaster” standard to residences of individuals with disabilities that are inaccessible or damaged, rather than inaccessible or uninhabitable. This section establishes a new hazard mitigation assistance benefit under section 408(c)(5) for individuals and households whose primary residence, utilities, or residential infrastructure are damaged by a major disaster. The President may provide financial assistance for cost-effective mitigation measures that reduce threats to life and property, or future damage to the residence, utilities, or infrastructure in future disasters. A recipient of this assistance is not required to show that the need can be met through other means, except insurance proceeds. This section also amends the disaster housing assistance cap under section 408(h) to include the new hazard mitigation benefit. It adds hazard mitigation assistance to the list of assistance types subject to the existing maximum, and sets the maximum financial assistance under subsection (c)(5) at the same amount available under paragraph (1) for a single major disaster.

This section revises the Federal Emergency Management Agency’s Individuals and Households Program under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by replacing the existing repair-assistance paragraph in 42 U.S.C. § 5174(c)(2). It authorizes the President to 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, for individuals with disabilities, rendered inaccessible by a major disaster. It also authorizes direct assistance for those repairs when applicants cannot use financial assistance and when there is a lack of available resources, and it adds authority for eligible hazard mitigation measures that reduce the likelihood of future damage to those residences, utilities, and infrastructure. A recipient of direct repair assistance is made ineligible for temporary housing assistance under paragraph (1), unless the Administrator determines otherwise. The section further provides that recipients of repair assistance are not required to show that the assistance can be met through other means, except insurance proceeds. It also makes conforming changes in 42 U.S.C. § 5174(f) to update cross-references to the revised repair-assistance paragraph and related provisions for State- or Indian tribal government-administered assistance and other needs assistance.

This section revises the State-managed housing pilot authority under section 408(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) by (1) requiring the President to make public the criteria used to evaluate applications from States and Indian tribal governments to administer housing grants, (2) requiring State applications to outline how the State will help disaster survivors create a permanent housing plan and provide survivors some choice of communities and properties, as practicable, (3) striking an obsolete subparagraph and redesignating subsequent provisions, and (4) extending the pilot’s application period to 10 years (from 2 years) for the relevant reporting requirement. It also expands the Federal cost share for disaster assistance provided under subsections (c)(1)(B), (c)(2)(B), and (c)(4) to not less than 75 percent. Finally, it directs the Comptroller General, after the pilot authority expires, to report on the effectiveness, successes, and challenges of any pilot program carried out under section 408(f) and to make recommendations for improving disaster housing assistance.

This section expands the management cost rates under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by adding two new reimbursement caps: (1) individual assistance under section 408(f) may be reimbursed for management costs at not more than 12 percent of the total award amount, and (2) crisis counseling assistance, training, and case management services under section 416 or 426 may be reimbursed for management costs at not more than 15 percent of the total grant award, cumulatively for grantees and subgrantees. It also revises section 408(f)(1) by striking the existing grant-to-State language and subparagraph (B) and replacing it with “Subject to subsection (g),” thereby conforming the administrative-cost provision to the new structure.

This section expands the disaster preparedness program under section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by adding post-disaster assistance to the list of activities the President may include in the program. It also authorizes the Federal Emergency Management Agency (FEMA) Administrator to provide funding to a State agency established under 42 U.S.C. § 5131(c) to establish, update, or operate a website that provides information on post-disaster recovery funding and resources for communities and individuals affected by a major disaster or emergency. As background, section 201 authorizes Federal technical assistance and grants to States for disaster preparedness planning. The website must be managed by the State agency, be suitable for the State’s residents, and may include only: (1) lists of Federal, State, and local recovery funding or assistance available to communities; (2) lists of such assistance available to individuals; or (3) a technical guide explaining the costs and benefits of mitigation alternatives, including preparation for sequential hazards such as flooding after a wildfire. A State agency receiving funding must cooperate with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Small Business Administration, and FEMA in developing the website, and must update it at least once every 6 months.

This section establishes an individual assistance dashboard for major disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, requiring the Federal Emergency Management Agency Administrator to publish, not later than 90 days after a major disaster declaration under section 401, an interactive web tool on FEMA’s website showing: (1) the number of applications for individual assistance under section 408, including separate counts for housing assistance and other needs assistance under section 408(e); (2) the number of approved applications; (3) the number of denied applications; (4) a ranked list of denial reasons, with the number of applications denied for each reason; (5) if available, the dollar amount of section 408 assistance provided to property owners and renters with household annual incomes above and below the national median household income; (6) the estimated percentage of residential property destroyed by the disaster, if available; and (7) any other information the Administrator determines relevant. This section also requires FEMA to ensure that none of the published information contains personally identifiable information of any applicant.

This section directs the Administrator of the Federal Emergency Management Agency to submit, not later than 180 days after enactment, a report to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs covering fiscal year 2016 through the most recent fiscal year before enactment, and annual reports for each fiscal year beginning on or after enactment, on Individual Assistance and Individuals and Households Program assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The report must describe the average amount of assistance provided and the denial rate for all individuals and households, as well as for applicants with reported annual income under 75 percent of the national median household income, between 75 percent and 125 percent of the national median household income, and over 125 percent of the national median household income. It also must explain any factors causing an increase in the denial rate, if applicable, and identify the number of homeowners and renters in each of the three income categories.

This section establishes a new authority for the Federal Emergency Management Agency (FEMA) Administrator to reimburse State, tribal, and local governments for the cost of sheltering emergency response personnel, including members of the same predisaster household, in exclusive-use congregate or non-congregate settings during a major disaster when the Governor or chief executive determines that damage or disruption is severe enough to interfere with the provision of emergency protective measures. As background, section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes emergency protective measures, such as lifesaving and life-sustaining assistance, during major disasters. The section limits reimbursement to a period the Administrator determines reasonable based on the affected area’s conditions, including the extent of damage, the availability of alternative housing and utilities, and transportation disruptions, and caps reimbursement at 6 months beginning on the date the incident period ends. It defines “emergency response personnel” to include employees or contracted employees providing law enforcement, fire suppression, rescue, emergency medical, emergency management, or emergency communications services, as well as elected officials, except Members of Congress, who oversee or direct emergency response operations or recovery activities.

This section revises the Federal Emergency Management Agency’s (FEMA’s) temporary housing assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) by requiring the fair market rent calculation to include local post-disaster rent increases. (Thus, rental assistance may better reflect higher housing costs in disaster-affected areas.) This section also directs the FEMA Administrator, not later than 1 year after enactment, to conduct a study of the unique challenges renters face when seeking Federal disaster assistance and of any disparities in assistance provided to homeowners and renters under Stafford Act section 408. The study must include a plan to address identified challenges and disparities, including recommendations for legislative action. This section further requires the Administrator, upon completion of the study, to submit a report containing the study and recommendations to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs, and to consult with appropriate Federal entities and disaster-housing stakeholders in preparing the study and report.

This section directs the Comptroller General of the United States to conduct a study of the Federal Emergency Management Agency’s (FEMA’s) practices for conducting preliminary damage assessments for purposes of providing disaster housing assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174). As background, preliminary damage assessments are used to help determine whether a major disaster warrants federal assistance and what types of aid may be available to affected individuals and households. The study must include: (1) a comparison of FEMA’s preliminary damage assessment process and procedures with those used by private insurance companies after a major disaster; (2) a review of the training provided to individuals who conduct preliminary damage assessments; and (3) a comparison of damage estimates for homes owned by individuals above the national median income with estimates for homes owned by individuals at or below the national median income.

This section limits the amendments made by sections 4, 5, 7, 8, and 11 to amounts appropriated on or after the date of enactment of this Act. (Thus, the affected changes would not apply to funds appropriated before enactment.)

This section directs the Comptroller General of the United States to conduct a study of the challenges faced by states and territories in obtaining assistance under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f), with particular attention to rural areas, small impoverished communities, and other communities, areas, or individuals the Comptroller General determines are pertinent. It also requires the Comptroller General to submit a report to Congress on the study’s results not later than 1 year after the date of enactment of the Act.