89–006 

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 

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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. 

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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. 

4 

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. 


Insert offset folio 6 here HR146.001
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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 estiVerDate Sep 11 2014 06:02 Jul 19, 2019 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146
6 

mates 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 

7 

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. 

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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 

9 

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 

10 

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 øto 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 øin 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 

ø(A) no alternative housing resources are available; and 

ø(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; 

11 

(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 

12 

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; 

13 

(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 SecuVerDate Sep 11 2014 06:02 Jul 19, 2019 Jkt 089006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR146.XXX HR146
14 

rity 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 

15 

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 

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(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 exVerDate Sep 11 2014 06:02 Jul 19, 2019 Jkt 089006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR146.XXX HR146
17 

pended, 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. 

* * * * * * * 

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