H. Rept. 116-146 - AMENDING THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT TO ENSURE THAT UNMET NEEDS AFTER A MAJOR DISASTER ARE MET116th Congress (2019-2020)
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-146
======================================================================
AMENDING THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT TO ENSURE THAT UNMET NEEDS AFTER A MAJOR DISASTER ARE
MET
_______
July 11, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1311]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1311) to amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to ensure
that unmet needs after a major disaster are met, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 6
Duplication of Federal Programs.................................. 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Purpose of Legislation
The purpose of H.R. 1311 is to amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to ensure that
unmet needs after a major disaster are met.
Background and Need for Legislation
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Pub. L. 100-107, ``Stafford Act'') created the
statutory framework through which the Federal Government
provides aid to state, local, tribal, and territorial
authorities following a major disaster declaration.
Unfortunately, in many larger disasters the provisions of the
Stafford Act may not adequately address several of the recovery
needs that arise for individual victims. As a result, other
agencies may be tasked to fill the gap, creating inconsistency
and unpredictability in the types of support available in the
wake of a disaster.
H.R. 1311 would amend the Stafford Act to add a new section
to provide financial assistance for these otherwise unmet
needs. The new section, Section 431, would give the Federal
Emergency Management Agency (FEMA) Administrator the authority
to disburse up to ten percent of grant amounts provided by
Sections 406 and 408 of the Stafford Act within 30 days of a
disaster declaration, subject to appropriations. Further, H.R.
1311 would allow these funds to be used for a broader range of
recovery solutions than are currently covered by Section 408 of
the Stafford Act, including home repair and business
activities. To expedite financial assistance, the bill would
create a mechanism for states to report to FEMA the criteria
established for determining how the funds are spent and how
funds are ultimately allocated, rather than requiring Federal
approval.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearing was used to develop or consider H.R.
1311:
On February 26, 2019, the Committee on Transportation and
Infrastructure held a hearing entitled, ``Examining How Federal
Infrastructure Policy Could Help Mitigate and Adapt to Climate
Change.'' Witnesses included: Dr. Daniel Sperling, Board
Member, California Air Resources Board; Mr. Ben Prochazka, Vice
President, Electrification Coalition; Ms. Vicki Arroyo,
Executive Director, Georgetown Climate Center; Mr. James M.
Proctor, II, Senior Vice President and General Counsel, McWane,
Inc., testifying on behalf of the Build Strong Coalition; Mr.
Kevin DeGood, Director, Infrastructure Policy, Center for
American Progress; Ms. Lynn Scarlett, Vice President, Policy
and Government Affairs, The Nature Conservancy; and Dr. Whitley
J. Saumweber, Director, Stephenson Ocean Security (SOS)
Project, Center for Strategic and International Studies. Topics
discussed included impacts of severe weather events and
associated recovery costs often borne by disaster survivors due
to a patchwork of post-disaster federal assistance programs.
Legislative History and Consideration
H.R. 1311 was introduced in the House on February 19, 2019,
by Mr. Graves of Louisiana and referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
1311 was referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management.
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management was discharged from further
consideration of H.R. 1311 on March 27, 2019.
The Full Committee met in open session to consider H.R.
1311 on March 27, 2019, and ordered the measure to be reported
to the House with a favorable recommendation, without
amendment, by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 1311.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1311 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 8, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1311, a bill to
amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to ensure that unmet needs after a major
disaster are met.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
Bill summary: H.R. 1311 would amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to authorize the
Federal Emergency Management Agency (FEMA) to provide
assistance to state and local governments, as well as
individuals and households, to cover unmet needs in the
aftermath of major disasters declared under that act. Under the
bill, unmet needs would be broadly defined to include:
Disaster-related home repair and rebuilding
assistance to families;
Disaster-related needs of families who are
unable to obtain adequate assistance from other
sources;
Other services that alleviate human
suffering and promote the well-being of disaster
victims; and
Economic and business activities, including
those related to food and agriculture, economic
recovery, infrastructure improvements, business
financing, and other activities authorized under a
comprehensive economic development strategy.
Estimated Federal cost: The estimated budgetary effect of
H.R. 1311 is shown in Table 1. The costs of the legislation
fall within budget function 450 (community and regional
development).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1311
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------
2019 2020 2021 2022 2023 2024 2019-2024
----------------------------------------------------------------------------------------------------------------
Disaster Relief Fund:
Estimated Authorization.......................... 0 610 610 610 610 610 3,050
Estimated Outlays................................ 0 3 125 430 564 595 1,717
Administrative Costs:
Estimated Authorization.......................... 0 1 2 3 4 4 14
Estimated Outlays................................ 0 1 2 3 4 4 14
Total Changes:
Estimated Authorization.......................... 0 611 612 613 614 614 3,064
Estimated Outlays................................ 0 4 127 433 568 599 1,731
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Under H.R. 1311, FEMA would be
authorized to spend appropriated funds from the Disaster Relief
Fund (DRF) on newly authorized assistance. The broad definition
of unmet needs in the bill would allow FEMA to provide
assistance for activities not currently authorized under the
Stafford Act, including long-term economic recovery,
revitalization, and community development projects that are
similar to those funded by the Department of Housing and Urban
Development's (HUD's) Community Development Block Grant
Disaster Recovery (CDBG-DR) program.
Disaster Relief Fund. Appropriations provided to the DRF
have varied historically, depending on the number and severity
of disasters. Over the 2009 to 2018 period, the Congress
provided appropriations to the DRF averaging $12.2 billion
annually. For this estimate, CBO assumes that appropriations of
that amount would continue to be provided for each year over
the 2020-2024 period. Using information provided by FEMA, CBO
estimates that the agency has historically spent about 50
percent of those appropriations (about $6.1 billion) on certain
activities under sections 406 and 408 of the Stafford Act to
repair or replace damaged facilities and for assistance to
individuals and households for housing and other needs.
The bill would authorize FEMA to allocate additional DRF
funds for specified unmet needs after a major disaster is
declared under the Stafford Act. The amount of the allocation
could equal up to 10 percent of the assistance FEMA estimates
it would provide under sections 406 and 408 of the Stafford Act
in response to a particular disaster. The bill also would
prohibit FEMA from reducing the amount of assistance that it
otherwise would provide for the activities currently
authorized. Assuming the President allocates the maximum
allowed under the bill for unmet needs following all major
disasters declared over the 2020-2024 period, CBO estimates
that H.R. 1311 would effectively authorize an additional
appropriation of $610 million annually over the 2020-2024
period.
CBO also estimates that the agency would spend those funds
at a pace comparable to the pace that HUD currently spends
funds appropriated for the CDBG-DR program, because the
definition of unmet needs under H.R. 1311 is similar to the
types of activities that are currently funded under that
program. In total, CBO estimates that assuming appropriation of
the necessary amounts, FEMA would spend $1.7 billion over the
2020-2024 period, and $1.3 billion in later years to implement
the bill. CBO expects that spending would ramp up gradually as
FEMA sets up the new program.
Administrative Costs. Using information from FEMA and HUD,
CBO estimates that FEMA would need to hire an additional 20
employees by 2024 (at an average cost of $150,000) to perform
additional activities authorized in the bill and would
gradually add those employees over the next five years. In
total CBO estimates the agency would spend $13 million over the
2020-2024 period for those employees and support costs.
Finally, the bill would require the Government
Accountability Office to conduct a review on the fiscal
controls implemented by state agencies that receive funds under
the program. CBO estimates that producing the report would cost
$1 million.
Pay-As-You-Go considerations: None.
Increase in long-term deficits: None.
Estimate prepared by: Federal costs: Jon Sperl; Mandates:
Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide the President and the FEMA Administrator the authority
to provide financial assistance to address unmet needs after a
disaster declaration.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1311 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 1311 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Unmet needs assistance
This section amends the Robert T. Stafford Disaster Relief
and Emergency Assistance Act by adding Section 431, which
allows the President to direct the FEMA Administrator to
provide financial assistance for unmet needs following a
disaster declaration. Within 30 days of a disaster, subject to
appropriations, the Administrator would be able to allocate up
to ten percent of the estimated aggregate amount of grants made
under Sections 406 and 408 of the Stafford Act.
The section defines ``unmet needs'' to include disaster-
related home repair and rebuilding assistance to families for
permanent housing purposes, disaster-related unmet needs of
families who are unable to obtain adequate assistance from
other sources, other services that alleviate human suffering
and promote the well-being of disaster victims, and economic
and business activities to implement post-disaster recovery
measures.
The section also requires States that receive assistance
under Section 431 to submit a report to FEMA detailing the
criteria for the notice and comment period, how funds were
allocated, and how funds were ultimately spent.
Sec. 2. Repair and rebuilding
This section amends the Stafford Act to allow for financial
assistance to be used for the repair and rebuilding of owner-
occupied residences. The section also removes conditions for
permanent housing construction and replaces them with language
allowing for such construction when the President considers it
a cost-effective alternative to other housing solutions.
Sec. 3. Review by Comptroller General
This section requires the Comptroller General of the United
States to conduct a review of the fiscal controls of States
that receive funds under Section 431.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--
(1) Provision of assistance.--In accordance with this
section, the President, in consultation with the
Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and
households in the State who, as a direct result of a
major disaster, have necessary expenses and serious
needs in cases in which the individuals and households
are unable to meet such expenses or needs through other
means.
(2) Relationship to other assistance.--Under
paragraph (1), an individual or household shall not be
denied assistance under paragraph (1), (3), or (4) of
subsection (c) solely on the basis that the individual
or household has not applied for or received any loan
or other financial assistance from the Small Business
Administration or any other Federal agency.
(b) Housing Assistance.--
(1) Eligibility.--The President may provide financial
or other assistance under this section to individuals
and households to respond to the disaster-related
housing needs of individuals and households who are
displaced from their predisaster primary residences or
whose predisaster primary residences are rendered
uninhabitable, or with respect to individuals with
disabilities, rendered inaccessible or uninhabitable,
as a result of damage caused by a major disaster.
(2) Determination of appropriate types of
assistance.--
(A) In general.--The President shall
determine appropriate types of housing
assistance to be provided under this section to
individuals and households described in
subsection (a)(1) based on considerations of
cost effectiveness, convenience to the
individuals and households, and such other
factors as the President may consider
appropriate.
(B) Multiple types of assistance.--One or
more types of housing assistance may be made
available under this section, based on the
suitability and availability of the types of
assistance, to meet the needs of individuals
and households in the particular disaster
situation.
(c) Types of Housing Assistance.--
(1) Temporary housing.--
(A) Financial assistance.--
(i) In general.--The President may
provide financial assistance to
individuals or households to rent
alternate housing accommodations,
existing rental units, manufactured
housing, recreational vehicles, or
other readily fabricated dwellings.
Such assistance may include the payment
of the cost of utilities, excluding
telephone service.
(ii) Amount.--The amount of
assistance under clause (i) shall be
based on the fair market rent for the
accommodation provided plus the cost of
any transportation, utility hookups,
security deposits, or unit installation
not provided directly by the President.
(B) Direct assistance.--
(i) In general.--The President may
provide temporary housing units,
acquired by purchase or lease, directly
to individuals or households who,
because of a lack of available housing
resources, would be unable to make use
of the assistance provided under
subparagraph (A).
(ii) Lease and repair of rental units
for temporary housing.--
(I) In general.--The
President, to the extent the
President determines it would
be a cost-effective alternative
to other temporary housing
options, may--
(aa) enter into lease
agreements with owners
of multifamily rental
property impacted by a
major disaster or
located in areas
covered by a major
disaster declaration to
house individuals and
households eligible for
assistance under this
section; and
(bb) make repairs or
improvements to
properties under such
lease agreements, to
the extent necessary to
serve as safe and
adequate temporary
housing.
(II) Improvements or
repairs.--Under the terms of
any lease agreement for
property entered into under
this subsection, the value of
the improvements or repairs
shall be deducted from the
value of the lease agreement.
(iii) Period of assistance.--The
President may not provide direct
assistance under clause (i) with
respect to a major disaster after the
end of the 18-month period beginning on
the date of the declaration of the
major disaster by the President, except
that the President may extend that
period if the President determines that
due to extraordinary circumstances an
extension would be in the public
interest.
(iv) Collection of rental charges.--
After the end of the 18-month period
referred to in clause (iii), the
President may charge fair market rent
for each temporary housing unit
provided.
(2) Repairs.--
(A) In general.--The President may provide
financial assistance for--
(i) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster [to a safe and sanitary
living or functioning condition] to
ensure that their home is habitable
during longer term recovery. Assistance
allowed under this section may be used
in coordination with other sources for
the repair and rebuilding of an owner-
occupied residence.; and
(ii) eligible hazard mitigation
measures that reduce the likelihood of
future damage to such residences,
utilities, or infrastructure.
(B) Relationship to other assistance.--A
recipient of assistance provided under this
paragraph shall not be required to show that
the assistance can be met through other means,
except insurance proceeds.
(3) Replacement.--
(A) In general.--The President may provide
financial assistance for the replacement of
owner-occupied private residences damaged by a
major disaster.
(B) Applicability of flood insurance
requirement.--With respect to assistance
provided under this paragraph, the President
may not waive any provision of Federal law
requiring the purchase of flood insurance as a
condition of the receipt of Federal disaster
assistance.
(4) Permanent housing construction.--The President
may provide financial assistance or direct assistance
to individuals or households to construct permanent or
semi-permanent housing in insular areas outside the
continental United States and in other locations [in
cases in which--] if the President considers it a cost
effective alternative to other housing solutions,
including the costs associated with temporary housing
provided under this section, and long-term rebuilding
costs associated with section 431
[(A) no alternative housing resources are
available; and
[(B) the types of temporary housing
assistance described in paragraph (1) are
unavailable, infeasible, or not cost-
effective.]
(d) Terms and Conditions Relating to Housing Assistance.--
(1) Sites.--
(A) In general.--Any readily fabricated
dwelling provided under this section shall,
whenever practicable, be located on a site
that--
(i) is complete with utilities;
(ii) meets the physical accessibility
requirements for individuals with
disabilities; and
(iii) is provided by the State or
local government, by the owner of the
site, or by the occupant who was
displaced by the major disaster.
(B) Sites provided by the president.--A
readily fabricated dwelling may be located on a
site provided by the President if the President
determines that such a site would be more
economical or accessible.
(2) Disposal of units.--
(A) Sale to occupants.--
(i) In general.--Notwithstanding any
other provision of law, a temporary
housing unit purchased under this
section by the President for the
purpose of housing disaster victims may
be sold directly to the individual or
household who is occupying the unit if
the individual or household lacks
permanent housing.
(ii) Sale price.--A sale of a
temporary housing unit under clause (i)
shall be at a price that is fair and
equitable.
(iii) Deposit of proceeds.--
Notwithstanding any other provision of
law, the proceeds of a sale under
clause (i) shall be deposited in the
appropriate Disaster Relief Fund
account.
(iv) Hazard and flood insurance.--A
sale of a temporary housing unit under
clause (i) shall be made on the
condition that the individual or
household purchasing the housing unit
agrees to obtain and maintain hazard
and flood insurance on the housing
unit.
(v) Use of gsa services.--The
President may use the services of the
General Services Administration to
accomplish a sale under clause (i).
(B) Other methods of disposal.--If not
disposed of under subparagraph (A), a temporary
housing unit purchased under this section by
the President for the purpose of housing
disaster victims--
(i) may be sold to any person; or
(ii) may be sold, transferred,
donated, or otherwise made available
directly to a State or other
governmental entity or to a voluntary
organization for the sole purpose of
providing temporary housing to disaster
victims in major disasters and
emergencies if, as a condition of the
sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees--
(I) to comply with the
nondiscrimination provisions of
section 308; and
(II) to obtain and maintain
hazard and flood insurance on
the housing unit.
(e) Financial Assistance To Address Other Needs.--
(1) Medical, dental, child care, and funeral
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household in the
State who is adversely affected by a major disaster to
meet disaster-related medical, dental, child care, and
funeral expenses.
(2) Personal property, transportation, and other
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household
described in paragraph (1) to address personal
property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
(f) State Role.--
(1) State- or indian tribal government-administered
assistance and other needs assistance.--
(A) Grant to state.--Subject to subsection
(g), a Governor may request a grant from the
President to provide assistance to individuals
and households in the State under subsections
(c)(1)(B), (c)(4), and (e) if the President and
the State or Indian tribal government comply,
as determined by the Administrator, with
paragraph (3).
(B) Administrative costs.--A State that
receives a grant under subparagraph (A) may
expend not more than 5 percent of the amount of
the grant for the administrative costs of
providing assistance to individuals and
households in the State under subsections
(c)(1)(B), (c)(4), and (e).
(2) Access to records.--In providing assistance to
individuals and households under this section, the
President shall provide for the substantial and ongoing
involvement of the States in which the individuals and
households are located, including by providing to the
States access to the electronic records of individuals
and households receiving assistance under this section
in order for the States to make available any
additional State and local assistance to the
individuals and households.
(3) Requirements.--
(A) Application.--A State or Indian tribal
government desiring to provide assistance under
subsection (c)(1)(B), (c)(4), or (e) shall
submit to the President an application for a
grant to provide financial assistance under the
program.
(B) Criteria.--The President, in consultation
and coordination with State and Indian tribal
governments, shall establish criteria for the
approval of applications submitted under
subparagraph (A). The criteria shall include,
at a minimum--
(i) a requirement that the State or
Indian tribal government submit a
housing strategy under subparagraph
(C);
(ii) the demonstrated ability of the
State or Indian tribal government to
manage the program under this section;
(iii) there being in effect a plan
approved by the President as to how the
State or Indian tribal government will
comply with applicable Federal laws and
regulations and how the State or Indian
tribal government will provide
assistance under its plan;
(iv) a requirement that the State or
Indian tribal government comply with
rules and regulations established
pursuant to subsection (j); and
(v) a requirement that the President,
or the designee of the President,
comply with subsection (i).
(C) Requirement of housing strategy.--
(i) In general.--A State or Indian
tribal government submitting an
application under this paragraph shall
have an approved housing strategy,
which shall be developed and submitted
to the President for approval.
(ii) Requirements.--The housing
strategy required under clause (i)
shall--
(I) outline the approach of
the State in working with
Federal partners, Indian tribal
governments, local communities,
nongovernmental organizations,
and individual disaster
survivors to meet disaster-
related sheltering and housing
needs; and
(II) include the
establishment of an activation
plan for a State Disaster
Housing Task Force, as outlined
in the National Disaster
Housing Strategy, to bring
together State, tribal, local,
Federal, nongovernmental, and
private sector expertise to
evaluate housing requirements,
consider potential solutions,
recognize special needs
populations, and propose
recommendations.
(D) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President,
shall institute adequate policies, procedures,
and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this
program and for programs under subsections
(c)(1)(B), (c)(4), and (e). The President shall
monitor and conduct quality assurance
activities on a State or Indian tribal
government's implementation of programs under
subsections (c)(1)(B), (c)(4), and (e). If,
after approving an application of a State or
Indian tribal government submitted under this
paragraph, the President determines that the
State or Indian tribal government is not
administering the program established by this
section in a manner satisfactory to the
President, the President shall withdraw the
approval.
(E) Audits.--The Inspector General of the
Department of Homeland Security shall provide
for periodic audits of the programs
administered by States and Indian tribal
governments under this subsection.
(F) Applicable laws.--All Federal laws
applicable to the management, administration,
or contracting of the programs by the Federal
Emergency Management Agency under this section
shall be applicable to the management,
administration, or contracting by a non-Federal
entity under this section.
(G) Report on effectiveness.--Not later than
18 months after the date of enactment of this
paragraph, the Inspector General of the
Department of Homeland Security shall submit a
report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives on the State or
Indian tribal government's role to provide
assistance under this section. The report shall
contain an assessment of the effectiveness of
the State or Indian tribal government's role in
providing assistance under this section,
including--
(i) whether the State or Indian
tribal government's role helped to
improve the general speed of disaster
recovery;
(ii) whether the State or Indian
tribal government providing assistance
under this section had the capacity to
administer this section; and
(iii) recommendations for changes to
improve the program if the State or
Indian tribal government's role to
administer the programs should be
continued.
(H) Report on incentives.--Not later than 12
months after the date of enactment of this
paragraph, the Administrator of the Federal
Emergency Management Agency shall submit a
report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives on a potential
incentive structure for awards made under this
section to encourage participation by eligible
States and Indian tribal governments. In
developing this report, the Administrator of
the Federal Emergency Management Agency shall
consult with State, local, and Indian tribal
entities to gain their input on any such
incentive structure to encourage participation
and shall include this information in the
report. This report should address, among other
options, potential adjustments to the cost-
share requirement and management costs to State
and Indian tribal governments.
(I) Prohibition.--The President may not
condition the provision of Federal assistance
under this Act on a State or Indian tribal
government requesting a grant under this
section.
(J) Miscellaneous.--
(i) Notice and comment.--The
Administrator of the Federal Emergency
Management Agency may waive notice and
comment rulemaking with respect to
rules to carry out this section, if the
Administrator determines doing so is
necessary to expeditiously implement
this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
(ii) Final rule.--Not later than 2
years after the date of enactment of
this paragraph, the Administrator of
the Federal Emergency Management Agency
shall issue final regulations to
implement this subsection as amended by
the Disaster Recovery Reform Act of
2018.
(iii) Waiver and expiration.--The
authority under clause (i) and any
pilot program implemented pursuant to
such clause shall expire 2 years after
the date of enactment of this paragraph
or upon issuance of final regulations
pursuant to clause (ii), whichever
occurs sooner.
(g) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid
using assistance provided under this section shall be
100 percent.
(2) Financial assistance to address other needs.--In
the case of financial assistance provided under
subsection (e)--
(A) the Federal share shall be 75 percent;
and
(B) the non-Federal share shall be paid from
funds made available by the State.
(h) Maximum Amount of Assistance.--
(1) In general.--No individual or household shall
receive financial assistance greater than $25,000 under
this section with respect to a single major disaster,
excluding financial assistance to rent alternate
housing accommodations under subsection (c)(1)(A)(i)
and financial assistance to address other needs under
subsection (e).
(2) Other needs assistance.--The maximum financial
assistance any individual or household may receive
under subsection (e) shall be equivalent to the amount
set forth in paragraph (1) with respect to a single
major disaster.
(3) Adjustment of limit.--The limit established under
paragraphs (1) and (2) shall be adjusted annually to
reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
(4) Exclusion of necessary expenses for individuals
with disabilities.--
(A) In general.--The maximum amount of
assistance established under paragraph (1)
shall exclude expenses to repair or replace
damaged accessibility-related improvements
under paragraphs (2), (3), and (4) of
subsection (c) for individuals with
disabilities.
(B) Other needs assistance.--The maximum
amount of assistance established under
paragraph (2) shall exclude expenses to repair
or replace accessibility-related personal
property under subsection (e)(2) for
individuals with disabilities.
(i) Verification Measures.--In carrying out this section, the
President shall develop a system, including an electronic
database, that shall allow the President, or the designee of
the President, to--
(1) verify the identity and address of recipients of
assistance under this section to provide reasonable
assurance that payments are made only to an individual
or household that is eligible for such assistance;
(2) minimize the risk of making duplicative payments
or payments for fraudulent claims under this section;
(3) collect any duplicate payment on a claim under
this section, or reduce the amount of subsequent
payments to offset the amount of any such duplicate
payment;
(4) provide instructions to recipients of assistance
under this section regarding the proper use of any such
assistance, regardless of how such assistance is
distributed; and
(5) conduct an expedited and simplified review and
appeal process for an individual or household whose
application for assistance under this section is
denied.
(j) Rules and Regulations.--The President shall prescribe
rules and regulations to carry out this section, including
criteria, standards, and procedures for determining eligibility
for assistance.
* * * * * * *
SEC. 431. UNMET NEEDS ASSISTANCE.
(a) In General.--After the declaration of a major disaster,
the President may direct the Administrator of the Emergency
Management Agency to provide, subject to amounts made available
from appropriations, assistance necessary for meeting unmet
needs as a result of such disaster.
(b) Funding.--
(1) Amount of funding.--Subject to appropriations and
not later than 30 days after a declaration is made
under section 401, the President acting through the
Administrator may allocate an amount that equals up to
10 percent of the estimated aggregate amount of the
grants to be made pursuant to sections 406 and 408 for
the major disaster in order to provide technical and
financial assistance under this section and such set
aside shall be deemed to be related to activities
carried out pursuant to major disasters under this Act.
(2) Estimated aggregate amount.--Not later than 180
days after each major disaster declaration pursuant to
this Act, the estimated aggregate amount of grants for
purposes of paragraph (1) shall be determined by the
President and such estimated amount need not be
reduced, increased, or changed due to variations in
estimates.
(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406,
407, 408, 410, 416, and 428 under this Act.
(c) Unmet Needs.--Financial assistance provided under this
section may be used to provide assistance, in addition to other
amounts made available under this Act, for the following unmet
needs:
(1) Disaster-related home repair and rebuilding
assistance to families for permanent housing purposes,
including in conjunction with eligible expenditures
under section 408.
(2) Disaster-related unmet needs of families who are
unable to obtain adequate assistance from other
sources.
(3) Other services that alleviate human suffering and
promote the well-being of disaster victims.
(4) Economic and business activities (including food
and agriculture) after a disaster to implement post-
disaster economic recovery measures, including planning
and technical assistance for long-term economic
recovery plans, infrastructure improvements, business
or infrastructure financing, market or industry
research, and other activities authorized under a
comprehensive economic development strategy.
(d) Accounting and Fiscal Controls.--
(1) In general.--Not later than 6 months after
receipt of funds and every 6 months thereafter until
all such funds are expended, a State shall submit a
report to the Administrator that includes--
(A) the criteria established for determining
how the funds are spent;
(B) the allocation of those funds; and
(C) the process for public notice and
comment.
(2) Compliance.--Any individual who receives
assistance pursuant to this section shall comply with
section 312(b).
(3) Administrative costs.--A State that receives
funds under this section may expend not more than 5
percent of the amount of such funds for the
administrative costs of providing financial assistance
to individuals and households in the State.
* * * * * * *