Overview

Title

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President to establish an individual household disaster mitigation program, and for other purposes.

ELI5 AI

This bill wants to help people make their homes stronger against big storms or disasters by giving out money for important repairs. They also want to make sure people don’t pay extra taxes on this help, but it has to be used wisely so no one takes more than they need.

Summary AI

H.R. 7849 aims to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to create a program for individual household disaster mitigation. This program would provide grants to states and tribal governments for pre-disaster mitigation activities on residential properties at risk of major disasters. The bill outlines eligibility criteria for grants, details on what constitutes qualifying mitigation activities, and includes measures for excluding certain disaster relief payments from taxable income. Additionally, it introduces a tax credit for expenditures related to qualifying mitigation activities and specifies standards and guidance for homeowner insurance providers.

Published

2024-03-29
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-03-29
Package ID: BILLS-118hr7849ih

Bill Statistics

Size

Sections:
7
Words:
3,700
Pages:
19
Sentences:
62

Language

Nouns: 1,109
Verbs: 280
Adjectives: 236
Adverbs: 13
Numbers: 125
Entities: 150

Complexity

Average Token Length:
4.29
Average Sentence Length:
59.68
Token Entropy:
5.39
Readability (ARI):
31.95

AnalysisAI

Summary of the Bill

This bill, formally referred to as the "Disaster Resiliency and Coverage Act of 2024," introduces amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. A key component is the creation of an Individual Household Disaster Mitigation Program, which mandates the President to distribute grants to states and tribal governments. These grants are intended to support pre-disaster activities that protect homes at high risk of natural disasters. The bill outlines eligible activities for funding, sets income limitations for grant recipients, and introduces tax-related provisions to support disaster mitigation. These include tax exclusions for certain funds received for catastrophe loss mitigation or agricultural assistance, as well as a tax credit for individuals who spend on disaster mitigation measures.

Significant Issues

One of the prominent issues with the bill is the lack of specificity in several areas, which could lead to challenges in implementation and potential misuse of resources. For instance, the broad set of eligible activities for funding lacks specific limits, potentially leading to overuse by households seeking to capitalize on the available funds. Additionally, there is ambiguity in determining eligible disaster areas and consulting with state authorities, which could lead to an unfair distribution of disaster relief resources.

Furthermore, the bill's provisions regarding eligible disaster mitigation activities are extensively detailed but complex, potentially creating confusion among applicants. The lack of oversight on how states or tribal governments evaluate grant applications further exacerbates this issue, increasing the risk of resources being mismanaged.

In the section addressing tax implications, the bill introduces exclusions and credits that could substantially impact state and federal budgets. However, the complexity in calculating these credits, particularly regarding the disaster mitigation expenditures, presents administrative challenges both for taxpayers and governmental bodies.

Broad Impact on the Public

For the general public, this bill aims to strengthen the ability of individuals in high-risk disaster areas to protect their homes through a variety of funded activities. By providing financial assistance and incentivizing mitigation efforts, the bill could contribute to decreased damage following natural disasters, likely reducing reliance on costly post-disaster relief efforts. However, the administrative complexity and potential for uneven application across different regions may limit the bill's effectiveness and accessibility.

Impact on Specific Stakeholders

For homeowners, especially those in identified high-risk areas, the bill presents significant opportunities. Eligible individuals could receive funds to upgrade their homes, potentially lowering future insurance costs and enhancing safety. However, the administrative burden in applying for such grants might deter some from taking advantage of the program.

State and tribal governments face the dual challenge of developing robust plans and guidelines while ensuring fair distribution of resources. Smaller administrations might face burdens because of these complex requirements and may struggle to provide necessary guidance to insurance providers.

Insurance companies could be indirectly affected, as the bill's intention to incentivize enhanced homeowner coverage might increase their exposure to insured properties. Nevertheless, the absence of detailed accountability measures could limit the effectiveness of these incentives, perhaps resulting in minimal impact on insurance offerings.

Taxpayers at large, especially those investing in disaster mitigation activities, stand to benefit from potential tax credits. Yet, the complexities in understanding and applying these tax provisions could hinder their adoption, particularly among individuals and businesses unfamiliar with tax regulations. This might lead to underutilization of the credits offered, counteracting the bill’s objective of widespread disaster mitigation.

Financial Assessment

Financial Allocations and References in H.R. 7849

Overview of Financial Allocations

The bill, H.R. 7849, proposes the establishment of a financial support program to assist individual households through grants for pre-disaster mitigation activities. Specifically, it allocates grants to states and tribal governments for implementing these activities in residential areas at risk of major disasters. The financial mechanisms within the bill aim to incentivize proactive measures to reduce disaster impacts, thus addressing the costs associated with recovery and damage prevention.

Eligibility and Limitations

A significant financial element in the bill is the eligibility criterion based on adjusted gross income. Only individuals whose income is below $250,000 (or $500,000 in the case of a joint tax return) can receive these grants. This income cap is intended to focus resources on those who might not otherwise afford mitigation activities but brings potential issues of fairness and resource allocation as mentioned in the identified issues. This income limitation may inadvertently exclude middle to upper-middle-class households that also face financial challenges.

Furthermore, the bill sets a cap of $10,000 per household for mitigation activities, which is subject to annual increase in line with the Consumer Price Index (CPI). This cap aims to standardize the level of support per household; however, it might lead to unequal distribution, as different mitigation projects naturally vary in cost. The lack of detailed criteria for fund allocation could also lead to unequal resource distribution among eligible households.

Potential Mismanagement and Overuse

The broad definition of "eligible activities" for funding, without specific constraints on the number of activities a single household can claim, presents a risk of overuse or misuse of funds. Without strict oversight or detailed guidance, some households might exploit the program beyond its intended scope, which could strain the allocated resources and potentially impact the availability of funds for other applicants.

Absence of Oversight Mechanisms

Another critical point is the absence of oversight mechanisms or clear guidelines on how states and tribal governments evaluate grant applications. This missing element raises concerns about mismanagement or unfair allocation of resources, particularly where subjective criteria like household income are involved. This potential oversight lapse may lead to inconsistencies in fund distribution.

Impacts of Tax Exclusions

The bill also introduces a tax exclusion whereby amounts received for mitigation efforts are not included in gross income. While favorable for individuals benefiting from these grants, the lack of discussion around the fiscal impacts of such exclusions on federal or state budgets leads to uncertainties. The broader financial implications of reduced taxable income could affect public revenue, potentially prompting shifts in budget allocations elsewhere.

Challenges in Tax Credit Calculations

Lastly, H.R. 7849 proposes a tax credit for costs associated with disaster mitigation expenditures. Although beneficial, the calculations involved, particularly with regard to reducing the credit percentage, present an administrative challenge. There is a risk that this complexity could lead to errors or reduced participation due to a lack of understanding among taxpayers. This complexity might discourage potential applicants who are unable to navigate the detailed requirements.

Issues

  • Section 2 & Section 206: The establishment of a broad set of eligible activities for funding without specific limits on the number of activities a household can claim may lead to overuse or misuse of funds. This could become a significant financial issue if households exploit the program beyond intended usage.

  • Section 2 & Section 206: The lack of specification on how eligible disaster areas are determined and how 'consultation with States' will be assessed may result in an unfair distribution of funds, potentially sidelining high-risk areas not effectively advocated for at the state level.

  • Section 2 & Section 206: The definition of 'qualifying mitigation activity' is lengthy and complex, possibly hindering the public's and applicants' understanding of eligibility. This could lead to confusion and inefficiency in application processes.

  • Section 206: The lack of oversight mechanisms for evaluating how States or tribal governments assess applications, especially regarding subjective criteria like household income, raises the risk of potential mismanagement or unfair allocation of resources.

  • Section 2 & Section 206: Allowing funds up to $10,000 per household without clear criteria for determining the exact amount needed for each project could lead to unequal distribution of resources. Additionally, the provision for annual increases based on CPI lacks practical guidance for implementation.

  • Section 2 & Section 206: The collaboration with insurance companies is meant to incentivize better homeowner coverage, but the lack of specific accountability measures could result in insurance companies not providing enough tangible benefits to policyholders.

  • Section 3: The introduction of a tax exclusion without discussing the fiscal impact on state or federal budgets could lead to unforeseen financial consequences, potentially impacting public resources and budget allocations.

  • Section 5: The complexity in the calculation of tax credits for disaster mitigation expenditures, particularly around the reduction of the credit percentage and basis adjustment rules, could present administrative and compliance challenges to taxpayers, possibly leading to errors or reduced participation.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill is called the "Disaster Resiliency and Coverage Act of 2024," which is the official short title that can be used to refer to this legislation.

2. Individual household disaster mitigation program Read Opens in new tab

Summary AI

The text introduces an Individual Household Disaster Mitigation Program as part of a U.S. law, which allows the President to offer grants to states and tribal governments for pre-disaster activities to protect homes at high risk of natural disasters. The program specifies eligibility criteria, funding limits, insurance incentives, and various permissible mitigation activities, like strengthening roofs and improving flood defenses, all designed to minimize damage during major disasters.

Money References

  • “(2) LIMITATION BASED ON ADJUSTED GROSS INCOME.—An individual shall not be eligible to receive a grant under this section if the adjusted gross income of such individual exceeds $250,000 ($500,000 in the case of a joint tax return) for the taxable year ending in the calendar year immediately preceding the calendar year
  • (h) Maximum amounts.—A State or Indian tribal government may not provide more than an amount of $10,000, not to exceed the actual cost of mitigation activities, to any individual household under the program.

206. Individual household disaster mitigation program Read Opens in new tab

Summary AI

The bill establishes a program where the President can provide grants to states and tribes for pre-disaster mitigation activities on homes at risk of major disasters. It requires setting eligible disaster areas, forming plans with states, consulting with insurance experts, and limiting funds based on income, while also defining specific improvement activities for homes to qualify for aid.

Money References

  • (e) Limitations.— (1) HIGH-RISK AREAS.—Funds provided under this section may only be used in eligible disaster areas that the State or Indian tribal government determines are at a high risk of experiencing a major disaster for the major disaster that presents such a risk. (2) LIMITATION BASED ON ADJUSTED GROSS INCOME.—An individual shall not be eligible to receive a grant under this section if the adjusted gross income of such individual exceeds $250,000 ($500,000 in the case of a joint tax return) for the taxable year ending in the calendar year immediately preceding the calendar year with respect to which a grant application is filed.
  • (h) Maximum amounts.—A State or Indian tribal government may not provide more than an amount of $10,000, not to exceed the actual cost of mitigation activities, to any individual household under the program.

3. Exclusion of amounts received from State-based catastrophe loss mitigation programs Read Opens in new tab

Summary AI

The section amends the Internal Revenue Code to exclude from taxable income any money received by individuals from state programs intended for catastrophe loss mitigation. This money, used for making improvements to their homes to protect against hazards, will not count as an increase in the property's financial basis, and these amendments will apply to tax years starting after December 31, 2024.

4. Exclusion from gross income of certain emergency agricultural assistance Read Opens in new tab

Summary AI

The section amends a part of the Internal Revenue Code to specify that certain types of agricultural assistance, like those received from programs for wildfires, hurricanes, and crop loss, are considered "qualified disaster relief payments" and thus excluded from gross income for tax purposes. These changes will apply to taxable years starting after December 31, 2024.

5. Credit for disaster mitigation expenditures Read Opens in new tab

Summary AI

The section introduces a tax credit under the Internal Revenue Code, allowing taxpayers to claim 30% of their expenses on disaster mitigation activities as a credit against their taxes for that year. It also outlines conditions for calculating the credit percentage, defines qualifying activities, and addresses related rules such as the treatment of reimbursements, basis reduction of the property, and prevention of tax benefit duplication.

28. Disaster mitigation expenditures Read Opens in new tab

Summary AI

The bill allows a tax credit for expenses on disaster mitigation, where taxpayers can claim 30% of the costs spent on qualifying activities to protect real estate they own or lease. If the taxpayer's spending is below 30%, the credit is reduced to match their actual percentage spent, and specific rules apply to marketable timber, basis reductions, and ensuring no double benefits are claimed.