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[House Report 116-146]
[From the U.S. Government Publishing Office]

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.

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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.

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