The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Update Tables for Select Provisions

The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Update Tables for Select Provisions

The Disaster Recovery Reform Act of 2018
April 27, 2021
(DRRA): Implementation Update Tables for
Elizabeth M. Webster,
Select Provisions
Coordinator
Analyst in Emergency
Numerous natural disasters—including Hurricanes Harvey, Irma, and Maria in 2017 and the
Management and Disaster
devastating wildfires in California during 2017 and 2018—served as catalysts for significant
Recovery
recent changes in federal emergency management policy. Most of these policy changes were

included in the Disaster Recovery Reform Act of 2018 (DRRA; Division D of the FAA
Diane P. Horn
Reauthorization Act of 2018 (P.L. 115-254)). DRRA is the most comprehensive reform of the
Analyst in Flood Insurance
Federal Emergency Management Agency’s (FEMA’s) disaster assistance programs since the
and Emergency
passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and
Management
the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295).

Natalie Keegan
As with past disaster legislation, lessons learned revealed areas that could be improved through
Analyst in American
legislative and programmatic changes. DRRA was intended to improve disaster preparedness,
Federalism and Emergency
response, recovery, and mitigation, including pre-disaster mitigation; clarify assistance program
Management Policy
eligibility, processes, and limitations; and increase FEMA’s transparency and accountability. To

accomplish these objectives, DRRA amended many sections of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121
Erica A. Lee
et seq.), which is the foundational legislation for federal emergency authorities and disaster relief
Analyst in Emergency
to local, state, territorial, and Indian tribal governments, certain private nonprofit organizations,
Management and Disaster
and individuals and families, as well as emergency management policy. DRRA also included
Recovery

standalone authorities, and required rulemaking, reports to Congress, and other actions.
Bruce R. Lindsay
In DRRA’s 46 sections, FEMA identified 56 discrete requirements for which it is responsible to
Specialist in American
implement. As of December 7, 2020, FEMA reported that it has implemented 46 of these. This
National Government
report includes three tables of select DRRA provisions that FEMA says it has implemented or is

in the process of implementing. Table 1 provides information related to the DRRA provisions
Anna E. Normand
FEMA has already implemented; Table 2 provides information related to the DRRA provisions
Analyst in Natural
that are in progress; and Table 3 provides information related to DRRA provisions for which
Resources Policy
CRS was unable to verify the implementation status. Within each table, the DRRA provisions are

organized by whether they relate to programmatic changes; reporting requirements; rulemaking
and regulations; and guidance and other required actions. The tables include DRRA provisions

prioritized by FEMA for implementation and other provisions that significantly changed federal
assistance or authorities under the Stafford Act that have been of congressional interest since DRRA’s enactment. Provisions
of congressional interest include increasing support for mitigation efforts, including by replacing FEMA’s Pre-Disaster
Mitigation Grant Program with the Building Resilient Infrastructure and Communities (BRIC) Grant Program (DRRA
Section 1234); requiring FEMA to issue rules, including to define “resilience,” and to revise the procedures for evaluating
requests for Public Assistance (PA) pursuant to a major disaster declaration (DRRA Section 1239); and establishing statutes
of limitations for the recoupment of federal assistance provided to individuals and households, and to PA Applicants (DRRA
Section 1216). The tables do not include DRRA provisions assigned to other federal entities or officers, such as the
Department of Homeland Security Office of Inspector General (DHS OIG), for implementation.
A companion product, CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Updates
for Select Provisions, provides a more detailed description and analysis of some of the provisions included in the tables
below that are of sustained and significant interest to Congress. Further, detailedoverviews of many DRRA sections,
including descriptions of how various disaster assistance programs operated prior to DRRA’s implementation and analysis of
how DRRA’s provisions modified these programs, as well as policy considerations, were previously examined in CRS
Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions.
Congressional Research Service

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Contents
Introduction ..................................................................................................................................... 1
Tables of DRRA Implementation Updates ...................................................................................... 2
Implemented Provisions ............................................................................................................ 4
In Progress ............................................................................................................................... 15
Unverified Status ..................................................................................................................... 23
Concluding Observations .............................................................................................................. 25

Tables
Table 1. Implemented DRRA Provisions ........................................................................................ 4
Table 2. In Progress DRRA Provisions ......................................................................................... 15
Table 3. Unverified Status of DRRA Provision Implementation .................................................. 23

Contacts
Author Information ........................................................................................................................ 25

Congressional Research Service

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Introduction
The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) was enacted on
October 5, 2018, and is the most comprehensive reform of the Federal Emergency Management
Agency’s (FEMA’s) disaster assistance programs since the passage of the Sandy Recovery
Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and the Post-Katrina Emergency
Management Reform Act of 2006 (PKEMRA, P.L. 109-295). DRRA’s purpose is to improve pre-
disaster planning and mitigation, response, and recovery, and increase FEMA’s accountability.1
To accomplish these objectives, DRRA amended many sections of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121
et seq.). The Stafford Act is the foundational legislation for federal emergency authorities and
disaster relief to local, state, territorial, and Indian tribal governments, certain private nonprofit
organizations, and individuals and families, as well as emergency management policy. DRRA
also provided new standalone authorities, and required rulemaking, reporting to Congress, and
other actions by FEMA to support disaster preparedness, and increase FEMA transparency and
accountability.
DRRA is comprised of 46 sections (DRRA Sections 1201-1246). Most DRRA sections assign
FEMA responsibility for implementing various required actions. As of December 7, 2020, FEMA
reported that it had implemented 46 of DRRA’s 56 discrete provisions.2 DRRA sections that are
reportedly still in progress include provisions related to:
 rulemaking (see DRRA Sections 1211(a); 1235(d); and 1239(b));
 reporting to Congress (see DRRA Sections 1204(c); 1211(a); 1239(a); and 1240);
and
 updating policies and issuing guidance (see DRRA Section 1216(c); and 1228).
This report provides implementation status updates for select DRRA provisions that FEMA says
it has implemented or is in the process of implementing. To that end, Table 1 provides
information related to the DRRA provisions FEMA has implemented; Table 2 provides
information related to the DRRA provisions that are in progress; and Table 3 provides
information related to DRRA provisions for which CRS was unable to verify the implementation
status. Within each table, the DRRA provisions are organized by whether the listed provision
relates to:
 programmatic effects;
 reporting requirements;
 rulemaking and regulations; and

1 U.S. Congress, House Committee on Transportation and Infrastructure, Disaster Recovery Reform Act: Summarizing
Division D of H.R. 302, As Amended, 115th Cong, last accessed December 2018. This document is no longer available
online, but congressional clients may request copies by contacting CRS.
2 Federal Emergency Management Agency (FEMA), “FEMA Bulletin: Week of December 21, 2020,” December 23,
2020, https://content.govdelivery.com/accounts/USDHSFEMA/bulletins/2b2c129/. See also the Disaster Recovery
Reform Act of 2018 (DRRA; Division D of the FAA Reauthorization Act of 2018 (P.L. 115-254)); and FEMA,
Disaster Recovery Reform Act (DRRA) Annual Report, October 2019, https://www.fema.gov/sites/default/files/2020-
07/fema_DRRA-annual-report_2019.pdf (hereinafter FEMA, 2019 DRRA Report). FEMA’s Administrator is identified
as the officer charged with implementing many of DRRA’s provisions. In some cases, other federal entities or officers,
such as the Department of Homeland Security Office of Inspector General (DHS OIG), are assigned responsibility for
implementation. With regard to DRRA’s various provisions exceeding the number of DRRA sections, some DRRA
sections include subsections that require one or more specific implementation actions.
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The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Update Tables

 guidance and other required actions.
A companion product, CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA):
Implementation Updates for Select Provisions, provides a more detailed description and analysis
of some of the provisions in the tables below. Those provisions, which are marked in the tables by
an asterisk (*), focus primarily on the DRRA provisions that FEMA is responsible for
implementing related to mitigation, Public Assistance, and accountability and oversight. These
provisions have been of significant and sustained congressional interest since DRRA’s enactment.
The companion report also offers policy considerations for Congress related to the enforcement
of DRRA’s implementation deadlines, and DRRA’s implementation in light of the federal, state,
local, Indian tribal, and territorial response to the Coronavirus Disease 2019 (COVID-19)
pandemic.
Additional background information on many of DRRA’s provisions can be found in CRS Report
R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory
Provisions, which includes an overview of the federal assistance programs as they existed prior to
DRRA’s enactment, and a discussion of how they were modified; the context or rationale for
program modifications or changes to disaster assistance policies; and potential considerations and
issues for Congress. While CRS Report R45819 also includes tables of deadlines associated with
DRRA’s reporting, rulemaking and regulations, and other implementation actions and
requirements, the tables included in this report are more up to date and, as mentioned, are
organized by implementation status rather than the type of implementation action required.
Report Limitations and Caveats
The fol owing limitations and caveats apply to this report:

This report provides implementation updates for select aspects of provisions enacted in DRRA. It does not
include updates for every DRRA provision, nor does it include updates for every provision included in the
tables within CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected
Statutory Provisions.

The information included in this report is subject to change, including due to subsequent administrative
actions or congressional discretion.

The implementation information included represents the best available information as of February 11, 2021
(or the date cited).
Tables of DRRA Implementation Updates
The following three tables provide implementation updates associated with DRRA’s
programmatic effects, reporting requirements, rulemaking and regulations, and guidance and
other required actions. These tables focus on the implementation of select DRRA provisions, and
are organized by each provision’s implementation status (i.e., implemented, in progress, or
unverified).
The information included in the tables is based on publicly available information and information
reported by FEMA, including through correspondence between CRS staff and FEMA Office of
External Affairs staff, FEMA’s Disaster Recovery Reform Act (DRRA) Annual Report, 2019
(hereinafter FEMA, 2019 DRRA Report), and FEMA’s “Disaster Recovery Reform Act of 2018”
website, available at https://www.fema.gov/disasters/disaster-recovery-reform-act-2018.
Features of the tables are as follows:
 Some DRRA sections include multiple implementation actions and requirements.
As such, they may appear multiple times within a table or in multiple tables. This
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The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Update Tables

may occur if some provisions of a section have been implemented (e.g., an
interim policy has been issued), and others remain in progress (e.g., the final rule
has not been issued but is in the process of being drafted). Where relevant, the
subsection may also be listed (for the example provided, see DRRA Section
1235(b) and 1235(d), respectively).
 Some DRRA sections do not specify the date by which the implementation action
or requirement must be completed. For these sections, the due date and calendar
deadline are listed as “N/A.”
 The DRRA sections that include requirements for ongoing actions (e.g., monthly
reporting requirements) list the deadline as “ongoing.”
 In several cases, DRRA’s implementation deadlines have passed.
 In several cases, DRRA’s implementation deadlines have passed. Additional
information regarding DRRA deadlines and actions that Congress may take to
enforce the implementation deadlines are described in the “Enforcement of
Implementation Deadlines” section of CRS Report R46776, The Disaster
Recovery Reform Act of 2018 (DRRA): Implementation Updates for Select
Provisions.
 Abbreviations used in the tables are defined in the associated table notes sections.
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link to page 7
Implemented Provisions
Table 1 lists the DRRA provisions FEMA reported as being implemented in numerical order by DRRA section. It includes the relevant DRRA
sections; the referenced Stafford Act sections, if applicable; and FEMA’s actions to implement the provisions.
Table 1. Implemented DRRA Provisions
(* indicates the DRRA provision is further described in the companion report CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA):
Implementation Updates for Select Provisions)
Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Programs
*Section 1206(a). Eligibility
Authorized FEMA to provide assistance to state and local governments for
FEMA published its “Building Code and Floodplain
for Code Implementation
building code and floodplain management ordinance administration and
Management Administration and Enforcement” policy on
and Enforcement
enforcement.
October 19, 2020.

(Section 402—General Federal
Assistance)
FEMA, Disaster Recovery Reform Act (DRRA) Annual Report, October 2019, p. 9, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-annual-report_2019.pdf (hereinafter FEMA, 2019 DRRA Report); FEMA, “DRRA
Provisions 1204-1209,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1204-1209. See FEMA, “Building Code and Floodplain Management Administration
and Enforcement,” FEMA Policy FP 204-079-01, October 15, 2020, https://www.fema.gov/sites/default/files/2020-10/fema_building-dode-floodplain-management-ddministration-enforcement-policy_drra-1206_signed_10-
15-2020.pdf.
*Section 1206(b). Eligibility
Authorized FEMA to reimburse base and overtime wages for extra hires
FEMA published its “Building Code and Floodplain
for Code Implementation
for building code enforcement for 180 days post disaster declaration.
Management Administration and Enforcement” policy on
and Enforcement
October 19, 2020.

(Section 406(a)(2)—Repair,
Restoration, and Replacement
of Damaged Facilities)
FEMA, 2019 DRRA Report, p. 9; FEMA, “DRRA Provisions 1204-1209,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1204-1209. See FEMA, “Building Code
and Floodplain Management Administration and Enforcement,” FEMA Policy FP 204-079-01, October 15, 2020, https://www.fema.gov/sites/default/files/2020-10/fema_building-dode-floodplain-management-ddministration-
enforcement-policy_drra-1206_signed_10-15-2020.pdf.
CRS-4

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
*Section 1207(c) and (d).
Prohibited the conditioning of federal assistance on the election by an
FEMA published the Public Assistance Program and Policy Guide
Program Improvements
eligible entity to participate under Section 428—Public Assistance Program
(PAPPG 2020), Version 4, effective June 1, 2010.

Alternative Procedures; and required cost estimates certified by a
professionally licensed engineer and accepted by FEMA to be presumed
(Section 428—Public
reasonable and eligible.
Assistance Program Alternative
Procedures)
FEMA, Public Assistance Program and Policy Guide (PAPPG 2020), version 4, effective June 1, 2020, https://www.fema.gov/sites/default/files/2020-06/fema_public-assistance-program-and-policy-guide_v4_6-1-2020.pdf. This new
guidance reflected updates first published in FEMA, 2019 DRRA Report, p. 16; and FEMA, “DRRA Provisions 1204-1209,” last accessed November 9, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-
2018/provisions-1204-1209. See FEMA, “Disaster Recovery Reform Act Public Assistance Program Amendments,” fact sheet, July 2019, https://www.fema.gov/media-library-data/1565888669158-
0ca15d4ade220a19e54313786ceb013d/DRRA_PA_Program_Amendments_FactSheet07_05_19-v3.pdf.
*Section 1215. Management
Increased the total amount of management costs eligible for
FEMA issued interim policies for PA and HMGP on
Costs
reimbursement for Public Assistance (PA) and Hazard Mitigation Grant
November 14, 2018, and published a fact sheet for PA

Program (HMGP), and expanded the definition of management costs to
management costs in February 2019. FEMA reported that it
include both direct and indirect administrative costs. PA grantees may be
also published a Standard Operating Procedure for PA in
(Section 324—Management
reimbursed up to 12% of the total award (up to 7% may be used by the
February 2019, and released a memorandum on reasonable
Costs)
grantee and 5% by the subgrantee). HMGP grantees may be reimbursed up
PA management costs in April 2019.
to 15% of the total award (up to 10% for the grantee, and 5% for the
subgrantee).
FEMA, 2019 DRRA Report, p. 3; FEMA, “DRRA Provisions 1210(A)-1219,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1210-1219. See FEMA, “Public
Assistance Management Costs (Interim),” FEMA Recovery Policy FP 104-11-2, November 14, 2018, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1215-public-assistance-management-costs-interim-
policy_11-15-2018.pdf; FEMA, “Public Assistance Management Costs Interim Policy,” fact sheet, updated February 8, 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1215-management-costs-public-
assistance-fact-sheet.pdf; and FEMA, “Hazard Mitigation Grant Program Management Costs (Interim),” FEMA Policy # 104-11-1, November 14, 2018, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1215-
hazard-mitigation-grant-program-management-costs-interim-policy.pdf.
*Section 1216(a) and (b).
Authorizes FEMA to waive debts owed by individuals and households who
FEMA reported that it updated its recoupment process for
Flexibility
received assistance through the Individuals and Households Program (IHP)
Individual Assistance recipients on May 14, 2019, and it

provided the assistance was (1) distributed in error by FEMA; (2) there was includes a waiver notice with information on how to apply
no fault on behalf of the debtor; and (3) col ection would be “against equity for a waiver in all debt recoupment letters.
(Section 408—Federal
and good conscience.” It also establishes a three-year statute of limitations
Assistance to Individuals and
on recouping IHP assistance.
Households)
FEMA, 2019 DRRA Report, p. 18; FEMA, “DRRA Provisions 1210(A)-1219,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1210-1219.
CRS-5

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
*Section 1225. Audit of
Prohibits FEMA from reimbursing activities made pursuant to a contract
FEMA updated its “Procurement Disaster Assistance Team
Contracts
that prohibits auditing or reviewing of the contract by the FEMA
(PDAT) Field Manual” in October 2019, which describes the
Administrator or Comptrol er General.
mandatory requirements for FEMA PA Applicants using
federal funding to finance the procurement of property and
services, as well as its “Required Contract Provisions
Template,” and “PDAT Procurement Under Grants
Presentation.”
FEMA, 2019 DRRA Report, p. 21; FEMA, “DRRA Provisions 1220-1229,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229. See FEMA,
“Procurement Disaster Assistance Team (PDAT) Field Manual: Procurement Information for FEMA Public Assistance Award Recipients and Subrecipients,” September 2019, https://www.fema.gov/sites/default/files/2020-
07/fema_procurement-disaster-assistance-PDAT_field-manual.pdf.
*Section 1234. National
Authorized the President to set aside funding for pre-disaster mitigation
FEMA developed a new pre-disaster mitigation program:
Public Infrastructure Pre-
from the Disaster Relief Fund (DRF), with respect to each major disaster,
Building Resilient Infrastructure and Communities (BRIC);
Disaster Hazard Mitigation
an amount equal to 6% of the estimated aggregate amount of the grants to
published a draft BRIC policy for public comment in the

be made pursuant to Stafford Act Sections 403—Essential Assistance;
Federal Register; and released the first Notice of Funding
406—Repair, Restoration, and Replacement of Damaged Facilities; 407—
Opportunity for BRIC on August 4, 2020. The BRIC
(Section 203—Pre-Disaster
Debris Removal; 408—Federal Assistance to Individuals and Households;
application period for FY2020 opened on September 30,
Hazard Mitigation)
410—Unemployment Assistance; 416—Crisis Counseling Assistance and
2020, and closed on January 29, 2021.
Training; and 428—Public Assistance Program Alternative Procedures.
FEMA, 2019 DRRA Report, p. 6; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. For more information on
BRIC, see FEMA, “Building Resilient Infrastructure and Communities (BRIC),” https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities; and FEMA, “Hazard Mitigation Assistance: Building
Resilient Infrastructure and Communities,” 85 Federal Register 20291-20292, April 10, 2020.
*Section 1235(b). Additional
Authorized the President to provide Public Assistance (PA) for eligible
FEMA released the second version of Interim Policy,
Mitigation Activities
costs to repair, restore, reconstruct, or replace a public facility or private
“Consensus-Based Codes, Specifications and Standards for
nonprofit facility in conformity with “the latest published editions of
Public Assistance” in December 2019.
relevant consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and maintenance of
residential structures and facilities that may be eligible for assistance under
this Act for the purposes of protecting the health, safety, and general
welfare of a facility’s users against disasters.”
FEMA, “FEMA Recovery Interim Policy: Consensus-Based Codes, Specifications and Standards for Public Assistance,” FP-104-009-11, Version 2.1, December 20, 2019, https://www.fema.gov/sites/default/files/2020-07/
fema_DRRA-1235b-public-assistance-codes-standards-interim-policy.pdf. See also, FEMA, “Consensus-Based Codes, Specifications and Standards for Public Assistance,” frequently asked questions, February 2020,
https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1235b-public-assistance-codes-standards-faqs.pdf.
CRS-6

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
*Section 1237. Certain
Requires FEMA to restore Public Assistance (PA) that was withdrawn or
FEMA reported that it implemented this provision by issuing
Recoupment Prohibited
deobligated if a DHS OIG audit determines that the local government
a memorandum to its Region VI office on February 15, 2019,
relied on the inaccurate information provided by a FEMA technical
and reported that relevant PA project worksheets have
assistance contractor to determine that relevant contracts were eligible,
been reinstated.
reasonable, and reimbursable.
FEMA, 2019 DRRA Report, p. 23; FEMA, “DRRA Provisions 1230-1239,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239; emails from FEMA Office
of External Affairs staff, March 17, 2021, and April 8, 2021. According to FEMA, “this provision applied to a single instance for a single applicant in a single event.”
Reporting Requirements
*Section 1210(a)(5).
Required FEMA to report on information to improve the comprehensive
FEMA developed the Delivery of Post-Disaster Assistance to
Duplication of Benefits
delivery of disaster assistance to individuals fol owing a major disaster or
Individuals report, which was submitted to Congress on June

emergency declaration under the Stafford Act, to include administrative
22, 2020.
actions taken/planned and legislative proposals.
(Section 312(b)—Duplication
of Benefits)
Email from FEMA Office of External Affairs staff, December 18, 2020. See also FEMA, 2019 DRRA Report, p. 17.
Section 1220(a). Unified
Required FEMA to report on the Unified Federal Environmental and
FEMA’s Unified Federal Environmental and Historic Preservation
Federal Environmental and
Historic Preservation review process established pursuant to Stafford Act
Review: DRRA Section 1220 Report on UFR, December 18,
Historic Preservation
Section 429—Unified Federal Review, and report on an analysis of whether 2020, was submitted by the FEMA Executive Secretariat to
Review
and how the unified process has expedited the interagency review process
Congress on December 21, 2020.

to ensure compliance related to disaster recovery projects; conduct a
survey and analysis of categorical exclusions used by other federal agencies
(Section 429—Unified Federal
that may be applicable to any activity related to a major disaster or
Review)
emergency; and provide recommendations on further actions, including
legislative proposals, to expedite and streamline the review process.
Email from FEMA Office of External Affairs staff January 8, 2021. See also FEMA, 2019 DRRA Report, p. 19; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-
recovery-reform-act-2018/provisions-1220-1229.
CRS-7

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Section 1223. Study to
Required FEMA to conduct a study and develop a plan to modify,
The Study to Streamline and Consolidate Information Collection
Streamline and Consolidate
streamline, expedite, and simplify the col ection of information from
was submitted to Congress on March 10, 2020. FEMA
Information Col ection
disaster assistance applicants and grantees; and to develop a plan for the
maintains two primary mechanisms to track and report data
regular col ection and reporting of information on federal disaster
on disaster assistance awards: OpenFEMA.gov and the
assistance awarded.
Recovery Support Function Leadership Group (RSFLG).
Email from FEMA Office of External Affairs staff, January 5, 2021. See also FEMA, 2019 DRRA Report, p. 19; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020,
https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229.
OpenFEMA is a publicly available website for the collection and dissemination of information on federal disaster assistance awards.
The Recovery Support Function Leadership Group (RSFLG) has tracked disaster funding and outcomes across the federal interagency partners for the largest disasters since 2017, including Hurricanes Harvey, Irma, Maria,
Florence, and Michael, as wel as the 2017 and 2018 California wildfires. The RSFLG provides publicly available data at http://recovery.fema.gov. The website tracks congressional y appropriated disaster funding and
information on the allocation of funds and recovery spending.
Section 1226. Inspector
Required the DHS OIG to submit a report on the results of an audit to
The DHS OIG submitted its audit report to Congress in
General Audit of FEMA
HSGAC and House T&I, including findings and recommendations, regarding June 2019.
Contracts for Tarps and
the contracts awarded by FEMA for tarps and plastic sheeting for the
Plastic Sheeting
Commonwealth of Puerto Rico and the U.S. Virgin Islands in response to
Hurricanes Irma and Maria.
FEMA, 2019 DRRA Report, p. 21; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229.
Section 1230(b). Guidance
Required FEMA to provide a legislative proposal to HSGAC and House T&I FEMA reported that the Individual Assistance for Common
and Recommendations
on how to provide eligibility for disaster assistance with respect to
Areas of Housing Cooperatives and Condominium Associations
common areas of condominiums and housing cooperatives.
report was submitted to Congress on January 22, 2020.
Email from FEMA Office of External Affairs staff, January 5, 2021. See also FEMA, 2019 DRRA Report, p. 22; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/
disaster-recovery-reform-act-2018/provisions-1230-1239.
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Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Section 1242. FEMA
Required FEMA to report to HSGAC, House T&I, and House Homeland
FEMA reported that it is developing a National Risk and
Updates on National
on FEMA’s progress in completing action 6 with respect to the GAO
Capability Assessment, and that FEMA began regular
Preparedness Assessment
report, 2012 Annual Report: Opportunities to Reduce Duplication, Overlap and
biannual progress updates to Congress on May 16, 2019.
Fragmentation, Achieve Savings, and Enhance Revenue (February 28, 2012),
which recommends FEMA “(1) complete a national preparedness
assessment of capability gaps at each level based on tiered, capability-
specific performance objectives to enable prioritization of grant funding;
and (2) identify the potential costs for establishing and maintaining those
capabilities at each level and determine what capabilities Federal agencies
should provide.”
FEMA, 2019 DRRA Report, p. 12; FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1240-1246.
Section 1243. FEMA Report
Required FEMA to report to HSGAC, House T&I, and House Homeland
FEMA’s Report on Duplication in Non-Natural Disaster
on Duplication in Non-
on the results of the efforts of FEMA to identify and prevent unnecessary
Preparedness Grant Programs, February 25, 2020, was
natural Disaster
duplication within and across the non-natural disaster preparedness grant
submitted by the FEMA Executive Secretariat to Congress
Preparedness Grant
programs as recommended in the GAO report, 2012 Annual Report:
on February 25, 2020.
Programs
Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve
Savings, and Enhance Revenue (February 28, 2012), including with respect to
the Urban Area Security Initiative (UASI), Port Security Grant Program,
State Homeland Security Grant Program (SHSGP), and the Transit Security
Grant Program.
Email from FEMA Office of External Affairs staff, January 8, 2021. See also FEMA, 2019 DRRA Report, p. 23; FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/
disaster-recovery-reform-act-2018/provisions-1240-1246.
CRS-9

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Rulemaking and Regulations
*Section 1232. Local Impact
Required FEMA to adjust its regulations and policies to give greater
FEMA updated its disaster declaration request and
consideration to severe local impact or recent multiple disasters in making
evaluation templates in May 2019. For requests by Indian
recommendations to the President regarding a major disaster declaration.
tribal governments, FEMA uses the factors in the Tribal
Declarations Pilot Guidance. FEMA also reported that the
agency issued guidance to Regional Administrators seeking
“appropriate and fulsome information regarding severe local
impacts and the history of recent multiple disasters.” Finally,
FEMA published a notice of proposed rulemaking on
December 14, 2020, that requested comment on “whether
a revision of the 12-month time limit currently in place is
necessary to give greater consideration to this factor as
required by the DRRA” because “[t]he current text of 44
CFR 206.48(a)(5) provides broad discretion for the
consideration of multiple disasters occurring in the 12-
month period prior to the event. Consistent with that
provision and with FEMA’s May 1 guidance to Regional
Administrators, directing them to include in their
recommendations appropriate and fulsome information
regarding severe local impacts and the history of recent
multiple disasters, FEMA is giving greater consideration to
these factors when making disaster declaration
recommendations.”
FEMA, 2019 DRRA Report, p. 5; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239; FEMA, “Request for a
Presidential Disaster Declaration,” https://www.fema.gov/disasters/request-for-presidential-disaster-declaration; FEMA, “Proposed Rule: Cost of Assistance Estimates in the Disaster Declaration Process for the Public
Assistance Program,” 85 Federal Register 80730, December 14, 2020; and email from FEMA Office of External Affairs staff, January 19, 2021.
CRS-10

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Guidance and Other Required Actions
*Section 1204(a). Wildfire
Authorized the provision of Hazard Mitigation Grant Program (HMGP)
FEMA issued the “Hazard Mitigation Grant Program—Post
Prevention
assistance for Fire Management Assistance Grant (FMAG) declarations.
Fire” policy guide in May 2019.

(Section 420—Fire
Management Assistance)
FEMA, 2019 DRRA Report, p. 8. FEMA’s Implementation Update for DRRA Section 1204 states the final policy was published on May 8, 2019 (FEMA, “DRRA Provisions 1204-1209,” last accessed November 9, 2020,
https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1204-1209). See FEMA, “Hazard Mitigation Grant Program—Post Fire,” Policy #207-088-2, April 29, 2019, https://www.fema.gov/sites/default/
files/2020-07/fema_DRRA-1204-policy.pdf.
Section 1208. Prioritization
Required FEMA to develop guidance and annual training on the
FEMA, in col aboration with the HHS Office of the Assistant
of Facilities
prioritization of assistance to hospitals, nursing homes, and other long-
Secretary for Preparedness and Response (ASPR), released
term care facilities; preparedness for power outages; and how state, local,
Healthcare Facilities and Power Outages Guidance for State,
and tribal governments, first responders, utility companies, hospitals,
Local, Tribal, Territorial, and Private Sector Partners in August
nursing homes, and other long-term care facilities should develop a
2019.
strategy to coordinate emergency response plans.
FEMA, 2019 DRRA Report, p. 9; FEMA, “DRRA Provisions 1204-1209,” last accessed November 9, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1204-1209. See FEMA and U.S.
Department of Health and Human Services’ (HHS) Office of the Assistant Secretary for Preparedness and Response (ASPR), Healthcare Facilities and Power Outages Guidance for State, Local, Tribal, Territorial, and Private Sector
Partners, August 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1208-healthcare-facilities-power-outages_guide.pdf.
Section 1209(a) and (b).
Required FEMA to develop guidance on the identification of evacuation
FEMA, with the Federal Highway Administration, published
Guidance on Evacuation
routes; and on the design, construction, maintenance, and repair of
Planning Considerations: Evacuation and Shelter-in-Place
Routes
evacuation routes.
Guidance for State, Local, Tribal, and Territorial Partners on July
31, 2019.
FEMA, 2019 DRRA Report, p. 9; FEMA, “DRRA Provisions 1204-1209,” last accessed November 9, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1204-1209. See DHS, Planning
Considerations: Evacuation and Shelter-in-Place Guidance for State, Local, Tribal, and Territorial Partners, July 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1209-planning-considerations-evacuation-shelter-
in-place_guide.pdf. In a hearing before House T&I, Dr. Daniel Kaniewski, FEMA Deputy Administrator for Resilience, noted a July 2019 target date for releasing evacuation route guidance (although DRRA did not include a
deadline) (U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management, Disaster Preparedness: DRRA Implementation and
FEMA Readiness, 116th Cong., 1st sess., May 22, 2019, https://transportation.house.gov/committee-activity/hearings/the-subcommittee-on-economic-development-public-buildings-and-emergency-management-hearing-on_—
disaster-preparedness-drra-implementation-and-fema-readiness).
CRS-11

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
*Section 1224(a). Agency
Required FEMA to publish to its website specific information on Public
FEMA posts required information on Public Assistance
Accountability
Assistance grant awards in excess of $1 mil ion under Stafford Act Section
grants on OpenFEMA.

406—Repair, Restoration, and Replacement of Damaged Facilities.
Information provided should include the FEMA Region; emergency or
(Section 430(a)—Agency
major disaster declaration number; state, county, and applicant name; if the
Accountability, as amended)
applicant is a private nonprofit organization; the damage category code; the
amount of the federal share obligated; and the award date.
FEMA, 2019 DRRA Report, p. 20; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229. See FEMA,
“OpenFEMA,” https://www.fema.gov/about/reports-and-data/openfema.
*Section 1224(b). Agency
Required FEMA to publish to its website specific information on mission
FEMA posts required information on Public Assistance
Accountability
assignments or mission assignment task orders in excess of $1 mil ion, and
grants on OpenFEMA.

update any changes to the total cost estimate and the amount obligated.
Information provided should include the name of the state/Indian tribe; the
(Section 430(b)—Agency
disaster declaration; the assigned agency; the assistance requested; a
Accountability, as amended)
disaster description; the total cost estimate; the amount obligated; the cost
share, if applicable; the authority directing the mission assignment or task
order; and the date the mission assignment was requested, if applicable.
FEMA, 2019 DRRA Report, p. 20; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229. See FEMA,
“OpenFEMA,” https://www.fema.gov/about/reports-and-data/openfema.
*Section 1224(c). Agency
Required FEMA to publish Disaster Relief Monthly Reports, including the
FEMA publishes monthly Disaster Relief Fund (DRF) reports
Accountability
methodology and data sources used, to FEMA’s website.
on its website, and updated its monthly DRF reports to

include all required information in August 2019.
(Section 430(c)—Agency
Accountability, as amended)
FEMA, 2019 DRRA Report, p. 20; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229. See FEMA, “Disaster
Relief Fund: Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports.
Section 1230(a). Guidance
Required FEMA to provide guidance on actions a common interest
FEMA provides technical assistance to common interest
and Recommendations
community may take in order to be eligible to receive reimbursement from communities on Public Assistance eligibility.
a grantee that receives funds from FEMA for certain activities performed
after an event that results in a major disaster.
FEMA, 2019 DRRA Report, p. 22; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. See FEMA, “Common
Interest Community Eligibility (DRRA 1230a),” fact sheet, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1230a-fact-sheet.pdf.
CRS-12

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Section 1231. Guidance on
Required FEMA to issue guidance on the acquisition of property for open
FEMA published a fact sheet on September 19, 2019.
Hazard Mitigation Assistance space as a mitigation measure under Stafford Act Section 404—Hazard

Mitigation.
(Section 404—Hazard
Mitigation)
FEMA, 2019 DRRA Report, p. 10; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. See FEMA, “Federal
Insurance and Mitigation Administration: Disaster Recovery Reform Act Acquisition of Property for Open Space,” July 17, 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1231-acquisition-fact-
sheet.pdf.
Section 1236. Guidance and
Required FEMA to provide guidance and annual training for state, local, and FEMA released guidance on August 27, 2019.
Training by FEMA on
tribal governments, first responders, and facilities that store hazardous
Coordination of Emergency
materials on coordination of emergency response plans, including providing
Response Plans
a list of equipment required in the event a hazardous substance is released
into the environment; health risks; and best practices for mitigating further
dangers to communities from hazardous substances.
FEMA, 2019 DRRA Report, p. 11; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. See FEMA, Hazardous
Materials Incidents Guidance for State, Local, Tribal, Territorial, and Private Sector Partners, August 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1236-hazardous_materials_incidents_guide.pdf.
Section 1241(a). Post
Directed FEMA to coordinate with organizations representing design
FEMA published the Post-Disaster Building Safety Evaluation
Disaster Building Safety
professionals to develop guidance for post-disaster assessment of buildings
Guidance in November 2019.
Assessment
by licensed architects and engineers to ensure the design professionals
properly analyze the structural integrity and livability of buildings and
structures.
FEMA, 2019 DRRA Report, p. 14; FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1240-1246. See FEMA and the
National Earthquake Hazards Reduction Program (NEHRP), Post-Disaster Building Safety Evaluation Guidance: Report on the Current State of Practice, Including Recommendations Related to Structural and Nonstructural Safety and
Habitability, FEMA P-2055, November 2019, https://www.fema.gov/sites/default/files/2020-07/fema_DRRA-1241-post-disaster-building-safety-evaluation_guide.pdf.
CRS-13

Implemented DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Section 1241(b). Post
Directed FEMA to revise or issue guidance to the National Incident
FEMA’s National Integration Center released six Job
Disaster Building Safety
Management System (NIMS) Resource Management component to ensure
Titles/Position Qualifications and Resource Typing
Assessment
the functions of post-disaster building safety assessment are accurately
Definitions (corresponding to the FEMA P-2055, Post-
resource typed.
Disaster Building Safety Evaluation Guidance (November
2019)) on June 30, 2020.
FEMA defines resource typing as “defining and categorizing, by capability, the resources requested, deployed and used in incidents. Resource typing definitions establish a common language and defines a resource’s (for
equipment, teams, and units) minimum capabilities. NIMS [National Incident Management System] resource typing definitions serve as the common language for the mobilization of resources” (FEMA, “NIMS
Components—Guidance and Tools,” https://www.fema.gov/emergency-managers/nims/components).
Email from FEMA Office of External Affairs staff, January 8, 2021. See also the FEMA Resource Typing Library Tool (RTLT), available at https://rtlt.preptoolkit.fema.gov/Public/Combined?s=&a=&q=post-disaster (last
accessed January 27, 2021); FEMA, 2019 DRRA Report, p. 14; and FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-
1240-1246.
Section 1244. Study and
FEMA was required to contract with the National Academy of Medicine for FEMA reported that it entered into the contract with the
Report
a study on best practices in mortality counts as a result of a major disaster,
National Academy of Medicine in December 2018, and that
including approaches to quantifying mortality and significant morbidity
the report was expected in 2020.
among populations affected by major disasters. It was required to include
best practices and policy recommendations for equitable and timely
attribution to facilitate access to available benefits; timely prospective
tracing of population levels of mortality and significant morbidity and their
causes; and a retrospective study of disaster-related mortality and
significant morbidity to inform after-action analysis and improve
preparedness efforts.
FEMA, 2019 DRRA Report, p. 24; FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1240-1246.
Source: Disaster Recovery Reform Act (DRRA), Division D of P.L. 115-254.
Notes: Committees of the Senate and House of Representatives are referred to herein as fol ows: the Committee on Homeland Security and Governmental Affairs of
the Senate is referred to as “HSGAC”; the Committee on Transportation and Infrastructure of the House of Representatives is referred to as “House T&I”; and the
Committee on Homeland Security of the House of Representatives is referred to as “House Homeland.” Federal agencies/departments and representatives are referred
to herein as fol ows: Department of Homeland Security Office of Inspector General is referred to as “DHS OIG.”

CRS-14

link to page 18
In Progress
Table 2 lists the DRRA provisions that FEMA reported as in the process of being implemented, and is organized chronologically by the
implementation deadline. It includes the relevant DRRA sections; the referenced Stafford Act sections, if applicable; FEMA’s actions to
implement the provisions; the due dates described in DRRA; and the implementation deadlines expressed as calendar dates.
Table 2. In Progress DRRA Provisions
(* indicates the DRRA provision is further described in the companion report CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA):
Implementation Updates for Select Provisions)
In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
Programs
*Section 1216(c).
Establish a project-by-project
FEMA is updating its Stafford Act Section 705, Disaster Grant Closeout
NA
NA
Flexibility
statute of limitations on FEMA’s
Procedures Policy. The draft policy public comment period ended December

ability to recoup Public
10, 2020. FEMA is currently adjudicating the comments received during the
Assistance funding
public comment period.
(Section 705—
Disaster Grant
Closeout Procedures)
Email from FEMA Office of External Affairs staff, January 5, 2021. See also FEMA, 2019 DRRA Report, p. 18; FEMA, “DRRA Provisions 1210(A)-1219,” last accessed December 4, 2020, https://www.fema.gov/disasters/
disaster-recovery-reform-act-2018/provisions-1210-1219.
*Section 1221.
Develop incentives and penalties
FEMA reported that it is considering possible incentives and penalties to
NA
NA
Closeout Incentives
that encourage state, local, or
encourage timely closeout.

Indian tribal governments to
close out disaster expenditures
(Section 705—
and activities on a timely basis.
Disaster Grant
Closeout Procedures)
FEMA, 2019 DRRA Report, p. 19.
CRS-15

In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
*Section 1233.
Provide hazard mitigation
FEMA published a fact sheet on “Disaster Recovery Reform Act and
NA
NA
Additional Hazard
assistance through the Hazard
Earthquake Early Warning Systems” on September 30, 2020. As of FY2021,
Mitigation Activities Mitigation Grant Program
FEMA will consider proposals to fund the purchase and installation

(HMGP) and the Building
infrastructure needed to build additional capability for the existing
Resilient Infrastructure and
Earthquake Early Warning (EEW) Advanced National Seismic System (ANSS)
(Section 404—
Communities Program (BRIC)
ShakeAlert system under both HMGP and BRIC. FEMA reported that it is
Hazard Mitigation)
for activities that reduce
working with U.S. Geological Survey to develop new eligible projects.
earthquake risk and build early
warning capability.
FEMA, 2019 DRRA Report, p. 10; FEMA, “DRRA Provisions 1230-1239,” last accessed December 4, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. See FEMA, “Disaster
Recovery Reform Act and Earthquake Early Warning Systems,” fact sheet, September 30, 2020, https://www.fema.gov/sites/default/files/2020-09/fema_drra-earthquake-early-warning-systems_fact-sheet_September-
2020.pdf.
Reporting Requirements
*Section 1224(d).
Report on contracts in excess of
FEMA reported that FEMA contract information is available on fema.gov and
Not later
Ongoing
Agency
$1 mil ion (to appropriate
that FEMA is automating data col ection to post information to its website.
than 10 days
Accountability
congressional committees).
FEMA’s 2019 DRRA Report lists this provision as being in progress.
after the last

day of the
fiscal year.
(Section 430(d)(2)—
Agency Accountability)
FEMA, 2019 DRRA Report, p. 20; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229.
*Section 1239(a).
Report to and brief HSGAC and
FEMA reported that, as of January 19, 2021, FEMA has “drafted a
Not later
July 2, 2019
Cost of Assistance
House T&I on a review of the
congressional report, which is currently under internal-agency review.
than 270 days
Estimates
factors considered when
after DRRA’s
evaluating a request for a major
enactment.
disaster declaration, specifically

the estimated cost of the
assistance.

Email from FEMA Office of External Affairs staff, January 19, 2021.
CRS-16

In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
*Section 1204(c).
Report on a summary of any
FEMA reported that the DRRA 1204 Wildfire Prevention congressional
Not later
Oct. 5, 2019;
Wildfire Prevention projects carried out, and any
report is drafted and moving through the concurrence review process within than 1 year
annually
funding provided to those
FEMA’s Mitigation Directorate.
after DRRA’s
thereafter
projects, under Stafford Act
enactment,
Section 420(d)—Fire
and annually
Management Assistance—as
thereafter.
amended.
Email from FEMA Office of External Affairs staff, January 5, 2021.
Section 1211(a).
Report on a potential incentive
FEMA is adjudicating inter-agency comments received on the State-
Not later
Oct. 5, 2019
State Administration structure for awards made under Administered Housing Incentives congressional report and wil then finalize the
than 12
of Assistance for
this section to encourage
report.
months after
Direct Temporary
participation by eligible state or
the date of
Housing and
tribal governments, including
enactment of
Permanent Housing
potential adjustments to the
this
Construction
cost-share requirement, and
paragraph.

management costs.
(Section 408(f)—

Federal Assistance to

Individuals and
Households)
Email from FEMA Office of External Affairs staff, January 5, 2021.
CRS-17

In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
*Section 1224(e).
Report to HSGAC and House
FEMA reported that it is revising its information col ection processes and
Not later
Oct. 5, 2019
Agency
T&I on any contract entered into updating its grant systems to col ect the required information.
than 365 days
Accountability
by a Public Assistance
after the date

recipient/subrecipient that has an
of enactment
estimated value in excess of $1
of this
(Section 430(e)(3)—
mil ion and is funded through
subsection.
Agency
Stafford Act Sections 324—
Accountability—as
Management Costs, 403—
amended)
Essential Assistance, 404—
Hazard Mitigation, 406—Repair,
Restoration, and Replacement of
Damaged Facilities, 407—Debris
Removal, 428—Public Assistance
Program Alternative Procedures,
or 502—Federal Emergency
Assistance.
FEMA, 2019 DRRA Report, p. 20; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229.
Section 1240.
Report to Congress annually on
According FEMA, the DRRA Section 1240 annual report was entered into
Not later
Oct. 5, 2020;
Report on Insurance the number of instances and the
interagency review in September 2020. As of February 4, 2021, the report
than 2 years
annually
Shortfalls
estimated amounts involved, by
remains in interagency review.
after the date
thereafter
state, for cases in which self-
of enactment
until 2023
insurance amounts have been
of this
insufficient to address flood
section, and
damages.
each year
thereafter
until 2023.
Email from FEMA Office of External Affairs staff, February 4, 2021; FEMA, 2019 DRRA Report, p. 11; FEMA, “DRRA Provisions 1240-1246,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-
recovery-reform-act-2018/provisions-1240-1246.
CRS-18

In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
Rulemaking and Regulations
*Section 1235(d).
Requires POTUS through FEMA
In October 2019, FEMA reported that it wil conduct a rulemaking to adopt
Final guidance Final guidance
Additional
to issue a rulemaking to define
the National Institute of Standards and Technology’s (NIST’s) definition of
due no later
due July 4,
Mitigation Activities
the terms “resilient” and
resilience. As of February 4, 2021, FEMA is in the drafting stage for this
than 90 days
2020

“resiliency” for purposes of
rulemaking.
after the date

Stafford Act Section 406(e)—
on which the
(Section 406(e)—
Repair, Restoration, and
FEMA
Rulemaking
Repair, Restoration,
Replacement of Damaged
Administrator due April 5,
and Replacement of
Facilities.
issues the
2020
Damaged Facilities)
FEMA is required to issue
final

interim guidance in advance of
rulemaking.
Interim
rulemaking that defines the

guidance due
terms “resilient” and “resiliency”
Rulemaking is
Dec. 4, 2018
for purposes of Stafford Act
required not
Section 406(e)—Repair,
later than 18
Restoration, and Replacement of
months after
Damaged Facilities. FEMA is also
the date of
required to issue guidance on
enactment of
the final rulemaking.
this
paragraph.

Interim
guidance due
no later than
60 days
fol owing
enactment.
Email from FEMA Office of External Affairs staff, February 4, 2021; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-
1230-1239.
CRS-19

In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
Section 1211(a).
Issue regulations to implement
FEMA announced the publication of the State-Administered Direct Housing
Not later
Oct. 5, 2020
State Administration amendments to Stafford Act
Grant Guide, making “[s]tate, local, tribal and territorial governments . .
than 2 years
of Assistance for
Section 408(f)—Federal
eligible to receive grants in order to provide disaster housing missions to
after the date
Direct Temporary
Assistance to Individuals and
disaster survivors [for a limited period of time]” as part of a pilot program,
of enactment
Housing and
Households—authorizing FEMA
on July 28, 2020. The pilot concluded on October 5, 2020. Under this
of this
Permanent Housing
to provide grants to state,
authority, Louisiana received a grant award under a Cooperative Agreement
paragraph.
Construction
territory, or tribal governments
to conduct joint direct housing recertifications with FEMA and verify

to administer Direct Temporary
resources on their state-supported rental portal. FEMA is currently assessing
Housing Assistance and
its regulatory priorities for 2021, one of which is to develop regulations
(Section 408(f)—
Permanent Housing
under this authority.
Federal Assistance to
Construction. DRRA authorized
Individuals and
FEMA to issue such grants under
Households)
a pilot program for up to 2
years, and required the FEMA
Administrator to issue final
regulations not later than 2 years
after the date of enactment.
Email from FEMA Office of External Affairs staff, January 5, 2021. See also FEMA, “FEMA Bulletin Week of July 27, 2020,” https://content.govdelivery.com/accounts/USDHSFEMA/bulletins/297b876; FEMA, 2019 DRRA
Report, p. 13; FEMA, “DRRA Provisions 1210(A)-1219,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1210-1219; and FEMA, State-Administered Direct
Housing Grant Guide, July 2020, https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-guide_DRRA1211_July2020.pdf. The State-Administered Direct Housing Grant Guide
provided information for state, territory, and tribal governments administering or tribal governments to administer Direct Temporary Housing Assistance and/or Permanent Housing Construction under the pilot
program.
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In Progress DRRA Provisions
DRRA Section
(Stafford Act Section)
Requirement(s)
FEMA Implementation Action(s)
Due Date
Deadline
*Section 1239(b).
Issue a rulemaking to update the
FEMA published a notice of proposed rulemaking to revise cost of assistance
Initiate
Oct. 5, 2020
Cost of Assistance
factors considered when
estimates on December 14, 2020, for states and territories. FEMA is to
rulemaking
Estimates
evaluating a governor’s request
continue to use the Tribal Declarations Pilot Guidance to process requests by
not later than
for a major disaster declaration,
Indian tribal governments.
2 years after
including how FEMA estimates
DRRA’s
the cost of major disaster
enactment.
assistance, and to consider other
impacts on the capacity of a
jurisdiction to respond to
disasters in consultation with
relevant state, regional, local,
and tribal government
stakeholders.
FEMA, 2019 DRRA Report, p. 7; FEMA, “DRRA Provisions 1230-1239,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1230-1239. See FEMA, “Notice:
Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program,” notice of proposed rulemaking, 85 Federal Register 80719, December 14, 2020,
https://www.federalregister.gov/documents/2020/12/14/2020-27094/cost-of-assistance-estimates-in-the-disaster-declaration-process-for-the-public-assistance-program.
Guidance and Other Required Actions
Section 1228.
Required FEMA, in coordination
In September, 2020, FEMA released a draft of Public Assistance Guidance on
N/A
N/A
Guidance on
with the Federal Highway
Inundated and Submerged Roads for a 30-day comment period. Comments
Inundated and
Administration, to issue guidance were accepted between September 14, 2020, and October 14, 2020. FEMA
Submerged Roads
on repair, restoration, and
reports that “final agency review and clearance is to fol ow.”

replacement of inundated and
submerged roads damaged or
(Section 430—
destroyed by a major disaster,
Agency Accountability, and associated expenses
as amended)
incurred that are eligible for
assistance under Stafford Act
Section 406—Repair,
Restoration, and Replacement of
Damaged Facilities.
FEMA, 2019 DRRA Report, p. 21; FEMA, “DRRA Provisions 1220-1229,” last accessed November 10, 2020, https://www.fema.gov/disasters/disaster-recovery-reform-act-2018/provisions-1220-1229; FEMA, “Public
Assistance Guidance on Inundated and Submerged Roads,” FEMA Policy FP 104-009-13, released September, 2020; and email from FEMA Office of Congressional and Legislative Affairs, January 19, 2021.
Source: Disaster Recovery Reform Act (DRRA), Division D of P.L. 115-254.
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Notes: Committees of the Senate and House of Representatives are referred to herein as fol ows: the Committee on Homeland Security and Governmental Affairs of
the Senate is referred to as “HSGAC”; the Committee on Transportation and Infrastructure of the House of Representatives is referred to as “House T&I”; and the
Committee on Homeland Security of the House of Representatives is referred to as “House Homeland.” N/A = not applicable; no deadline is specified in DRRA.

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link to page 26
Unverified Status
Table 3 lists the DRRA provisions for which CRS was unable to verify the implementation status (e.g., information is not publicly available). It
is organized chronologically by the implementation deadline, and includes the relevant DRRA sections; the referenced Stafford Act sections, if
applicable; the due dates described in DRRA; and the implementation deadlines expressed as calendar dates.
Table 3. Unverified Status of DRRA Provision Implementation
(* indicates the DRRA provision is further described in the companion report CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA):
Implementation Updates for Select Provisions)
Unverified Status of DRRA Provision Implementation
DRRA Section
(Stafford Act Section)
Requirement(s)
Due Date
Deadline
Reporting Requirements
Section 1245(c)(1). Review of
Report on the review of the Public Assistance grant program’s assessment
Not later than 180 days after
Apr. 3, 2019
Assistance for Damaged
and eligibility process with respect to assistance provided for damaged
DRRA’s enactment.
Underground Water
underground water infrastructure as a result of a major disaster, including
Infrastructure
wildfires, to include the extent to which local technical memoranda
identified damaged underground water infrastructure that should be
eligible for Public Assistance.
In a hearing before House T&I, Dr. Daniel Kaniewski, FEMA Deputy Administrator for Resilience, noted a report target release date of October 2019 and stated that the briefing would be forthcoming as of the hearing
date (U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management, Disaster Preparedness: DRRA Implementation and
FEMA Readiness, 116th Cong., 1st sess., May 22, 2019, https://transportation.house.gov/committee-activity/hearings/the-subcommittee-on-economic-development-public-buildings-and-emergency-management-hearing-on_—
disaster-preparedness-drra-implementation-and-fema-readiness). FEMA reported that the review and briefing required by DRRA Section 1245(b) was completed in July 2019 (FEMA, 2019 DRRA Report, p. 24).
*Section 1232(a). Local Impact
Report to HSGAC and House T&I on changes made to regulations and
Not later than 1 year after the
Oct. 5, 2019
policies to give greater consideration to severe local impact or recent
date of enactment of this
multiple disasters in making recommendations to the President regarding a
section.
major disaster declaration; and the number of declarations that have been
declared based on the new criteria.
*Section 1235(d). Additional
Report to Congress on the regulations and guidance issued related to
Not later than 2 years after
Oct. 5, 2020
Mitigation Activities
defining the terms “resilient” and “resiliency” for purposes of Stafford Act
the date of enactment of this

Section 406(e)—Repair, Restoration, and Replacement of Damaged
paragraph.
Facilities.
(Section 406(e)—Repair,
Restoration, and Replacement of
Damaged Facilities)
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Unverified Status of DRRA Provision Implementation
DRRA Section
(Stafford Act Section)
Requirement(s)
Due Date
Deadline
Rulemaking and Regulations
Section 1245(c)(2). Review of
Initiate rulemaking, if appropriate, to address any recommendations
Not later than 180 days after
Sept. 30, 2019
Assistance for Damaged
contained in the report on the assessment and eligibility process under the
the date on which the FEMA
Underground Water
Public Assistance grant program with respect to assistance provided for
Administrator issues the
Infrastructure
damaged underground water infrastructure as a result of a major disaster,
report (due not later than Apr.
including wildfires.
3, 2019).
Source: Disaster Recovery Reform Act (DRRA), Division D of P.L. 115-254.
Notes: Committees of the Senate and House of Representatives are referred to herein as fol ows: the Committee on Homeland Security and Governmental Affairs of
the Senate is referred to as “HSGAC”; the Committee on Transportation and Infrastructure of the House of Representatives is referred to as “House T&I”; and the
Committee on Homeland Security of the House of Representatives is referred to as “House Homeland.”
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The Disaster Recovery Reform Act of 2018 (DRRA): Implementation Update Tables

Concluding Observations
As of December 7, 2020, FEMA reported that it has implemented 46 of DRRA’s 56 discrete
provisions assigned to the agency. Some of these remaining provisions have been implemented in
part, and others are in progress. Congress may continue overseeing the implementation of
DRRA’s provisions through hearings or other inquiries. Congress may also review the
effectiveness and impacts of FEMA’s DRRA-related regulations and policy guidance to ensure
the post-DRRA changes to disaster assistance programs and policies fulfill congressional intent.

Author Information

Elizabeth M. Webster, Coordinator
Erica A. Lee
Analyst in Emergency Management and Disaster
Analyst in Emergency Management and Disaster
Recovery
Recovery

Diane P. Horn
Bruce R. Lindsay
Analyst in Flood Insurance and Emergency
Specialist in American National Government
Management

Natalie Keegan
Anna E. Normand
Analyst in American Federalism and Emergency
Analyst in Natural Resources Policy
Management Policy

Acknowledgments
William L. Painter, Specialist in Homeland Security and Appropriations, and Shawn Reese, Analyst in
Emergency Management and Homeland Security Policy, provided editorial comments and suggestions.
Shelley Harlan, Editor, helped edit and format the report.
CRS would like to thank Adam C. Shapiro, Congressional and Intergovernmental Affairs Liaison, FEMA
Office of External Affairs, and all the program staff within the various offices of Response and Recovery
and Resilience for contributing information to this report.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R46774 · VERSION 2 · UPDATED
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