IB 

Union Calendar No. 850 

115TH CONGRESS 

2D SESSION H. R. 4460 

[Report No. 115–1098, Part I] 

To improve the provision of disaster and mitigation assistance to eligible 

individuals and households and to eligible State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 28, 2017 

Mr. BARLETTA (for himself and Mr. JOHNSON of Georgia) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committee on Financial Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

DECEMBER 21, 2018 

Additional sponsors: Mr. GRAVES of Louisiana and Miss GONZA ́LEZ-COLO ́N of 

Puerto Rico 

DECEMBER 21, 2018 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 21, 2018 

Committee on Financial Services discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 28, 2017] 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4460 RH

A BILL 

To improve the provision of disaster and mitigation assistance to eligible individuals and households and to eligible 

State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for other purposes. 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4460 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Dis5 aster Recovery Reform Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DISASTER MITIGATION 

Sec. 101. National public infrastructure predisaster hazard mitigation. 

Sec. 102. Additional mitigation activities. 

Sec. 103. Wildfire prevention. 

Sec. 104. Additional activities. 

TITLE II—DISASTER RESPONSE AND RECOVERY 

Sec. 201. Federal cost-share adjustments for repair, restoration, and replacement 

of damaged facilities. 

Sec. 202. Eligibility for code implementation and enforcement. 

Sec. 203. Program improvements. 

Sec. 204. Prioritization of facilities. 

Sec. 205. Guidance on evacuation routes. 

Sec. 206. Proof of insurance. 

Sec. 207. Duplication of benefits. 

Sec. 208. State administration of assistance for direct temporary housing and 

permanent housing construction. 

Sec. 209. Assistance to individuals and households. 

Sec. 210. Multifamily lease and repair assistance. 

Sec. 211. Federal disaster assistance nonprofit fairness. 

Sec. 212. Management costs. 

Sec. 213. Flexibility. 

Sec. 214. Additional disaster assistance. 

Sec. 215. National veterinary emergency teams. 

Sec. 216. Dispute resolution pilot program. 

Sec. 217. Emergency relief. 

TITLE III—AGENCY MANAGEMENT, OVERSIGHT, AND 

ACCOUNTABILITY 

Sec. 301. Unified Federal environmental and historic preservation review. 

Sec. 302. Closeout incentives. 

Sec. 303. Performance of services. 

Sec. 304. Study to streamline and consolidate information collection. 

Sec. 305. Agency accountability. 

Sec. 306. Audit of contracts. 


lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 4460 RH

Sec. 307. Inspector general audit of FEMA contracts for tarps and plastic sheeting. 

Sec. 308. Relief organizations. 

Sec. 309. Guidance on inundated and submerged roads. 

1 TITLE I—DISASTER MITIGATION 

2 SEC. 101. NATIONAL PUBLIC INFRASTRUCTURE 

3 PREDISASTER HAZARD MITIGATION. 

4 Section 203 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5133) is amend6 ed— 

7 (1) in subsection (c) by inserting ‘‘Public’’ after 

8 ‘‘the National’’; 

9 (2) in subsection (e)(1)(B)— 

10 (A) by striking ‘‘or’’ at the end of clause 

11 (ii); 

12 (B) by striking the period at the end of 

13 clause (iii) and inserting ‘‘; or’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(iv) to establish and carry out en16 forcement activities to implement the latest 

17 published editions of relevant consensus18 based codes, specifications, and standards 

19 that incorporate the latest hazard-resistant 

20 designs and establish minimum acceptable 

21 criteria for the design, construction, and 

22 maintenance of residential structures and 

23 facilities that may be eligible for assistance 


lotter on DSKBCFDHB2PROD with BILLS
5 

•HR 4460 RH

1 under this Act for the purpose of protecting 

2 the health, safety, and general welfare of the 

3 buildings’ users against disasters.’’; 

4 (3) in subsection (f)— 

5 (A) in paragraph (1) by inserting ‘‘for 

6 mitigation activities that are cost effective’’ after 

7 ‘‘competitive basis’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(3) REDISTRIBUTION OF UNOBLIGATED

10 AMOUNTS.—The President shall— 

11 ‘‘(A) withdraw amounts of financial assist12 ance made available to a State (including 

13 amounts made available to local governments of 

14 a State) under this subsection that remain unob15 ligated by the end of the third fiscal year after 

16 the fiscal year for which the amounts were allo17 cated; and 

18 ‘‘(B) in the fiscal year following a fiscal 

19 year in which amounts were withdrawn under 

20 subparagraph (A), add the amounts to any other 

21 amounts available to be awarded on a competi22 tive basis pursuant to paragraph (1).’’; 

23 (4) in subsection (g)— 

24 (A) in paragraph (9) by striking ‘‘and’’ at 

25 the end; 


lotter on DSKBCFDHB2PROD with BILLS
6 

•HR 4460 RH

1 (B) by redesignating paragraph (10) as 

2 paragraph (12); and 

3 (C) by adding after paragraph (9) the fol4 lowing: 

5 ‘‘(10) the extent to which the State or local gov6 ernment has facilitated the adoption and enforcement 

7 of the latest published editions of relevant consensus8 based codes, specifications, and standards that incor9 porate the latest hazard-resistant designs and estab10 lish criteria for the design, construction, and mainte11 nance of residential structures and facilities that may 

12 be eligible for assistance under this Act for the pur13 pose of protecting the health, safety, and general wel14 fare of the buildings’ users against disasters; 

15 ‘‘(11) the extent to which the assistance will fund 

16 activities that increase the level of resiliency; and’’; 

17 (5) by striking subsection (i) and inserting the 

18 following: 

19 ‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE

20 PREDISASTER MITIGATION FUND.— 

21 ‘‘(1) ESTABLISHMENT.—The President shall es22 tablish in the Treasury of the United States a sepa23 rate account called the National Public Infrastructure 

24 Predisaster Mitigation Fund (in this section referred 

25 to as the ‘Predisaster Mitigation Fund’), which shall 


lotter on DSKBCFDHB2PROD with BILLS
7 

•HR 4460 RH

1 be used exclusively to carry out this section, with 

2 amounts in such account to be available until ex3 pended unless otherwise provided. 

4 ‘‘(2) TRANSFERS TO PREDISASTER MITIGATION

5 FUND.— 

6 ‘‘(A) IN GENERAL.—There shall be deposited 

7 in the Predisaster Mitigation Fund with respect 

8 to each disaster declared on or after August 1, 

9 2017, an additional amount equal to 6 percent 

10 of the estimated aggregate amount of grants to be 

11 made pursuant to sections 403, 406, 407, 408, 

12 410, and 416. 

13 ‘‘(B) ESTIMATED AGGREGATE AMOUNT.— 

14 Not later than 180 days after each major dis15 aster declaration, the estimated aggregate 

16 amount of grants on which the amount cal17 culated in subparagraph (A) is based shall be de18 termined and need not be reduced, increased, or 

19 changed due to variations in estimates.’’; and 

20 (6) by striking subsection (m) and redesignating 

21 subsection (n) as subsection (m). 

22 SEC. 102. ADDITIONAL MITIGATION ACTIVITIES. 

23 (a) HAZARD MITIGATION CLARIFICATION.—Section 

24 404(a) of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5170c(a)) is amended by 


lotter on DSKBCFDHB2PROD with BILLS
8 

•HR 4460 RH

1 striking the first sentence and inserting the following: ‘‘The 

2 President may contribute up to 75 percent of the cost of 

3 hazard mitigation measures which the President has deter4 mined are cost effective and which substantially reduce the 

5 risk of, or increase resilience to, future damage, hardship, 

6 loss, or suffering in any area affected by a major disaster.’’. 

7 (b) ELIGIBLE COST.—Section 406(e)(1)(A) of such Act 

8 (42 U.S.C. 5172(e)(1)(A)) is amended— 

9 (1) in the matter preceding clause (i), by insert10 ing after ‘‘section,’’ the following: ‘‘for disasters de11 clared on or after August 1, 2017, or a disaster in 

12 which a cost estimate has not yet been finalized for 

13 a project,’’; 

14 (2) in clause (i), by striking ‘‘and’’; 

15 (3) in clause (ii)— 

16 (A) by striking ‘‘codes, specifications, and 

17 standards’’ and inserting ‘‘the latest published 

18 editions of relevant consensus-based codes, speci19 fications, and standards that incorporate the lat20 est hazard-resistant designs and establish min21 imum acceptable criteria for the design, con22 struction, and maintenance of residential struc23 tures and facilities that may be eligible for as24 sistance under this Act for the purposes of proVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
9 

•HR 4460 RH

1 tecting the health, safety, and general welfare of 

2 a facility’s users against disasters’’; 

3 (B) by striking ‘‘applicable at the time at 

4 which the disaster occurred’’; and 

5 (C) by striking the period at the end and 

6 inserting ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(iii) in a manner that allows the fa9 cility to meet the definition of resilient de10 veloped pursuant to this subsection.’’. 

11 (c) NEW RULES.—Section 406(e) of such Act (42 

12 U.S.C. 5172(e)) is further amended by adding at the end 

13 the following: 

14 ‘‘(5) NEW RULES.— 

15 ‘‘(A) IN GENERAL.—Not later than 18 

16 months after the date of enactment of this para17 graph, the President, acting through the Admin18 istrator of the Federal Emergency Management 

19 Agency, shall issue a final rulemaking that de20 fines the terms ‘resilient’ and ‘resiliency’ for pur21 poses of this subsection. 

22 ‘‘(B) GUIDANCE.—Not later than 90 days 

23 after the date on which the Administrator issues 

24 the final rulemaking under this paragraph, the 


lotter on DSKBCFDHB2PROD with BILLS
10 

•HR 4460 RH

1 Administrator shall issue any necessary guid2 ance related to the rulemaking. 

3 ‘‘(C) REPORT.—Not later than 2 years after 

4 the date of enactment of this paragraph, the Ad5 ministrator shall submit to Congress a report 

6 summarizing the regulations and guidance 

7 issued pursuant to this paragraph.’’. 

8 (d) CONFORMING AMENDMENT.—Section 205(d)(2) of 

9 the Disaster Mitigation Act of 2000 (Public Law 106–390) 

10 is amended by inserting ‘‘(B)’’ after ‘‘except that paragraph 

11 (1)’’. 

12 SEC. 103. WILDFIRE PREVENTION. 

13 (a) MITIGATION ASSISTANCE.—Section 420 of the Rob14 ert T. Stafford Disaster Relief and Emergency Assistance 

15 Act (42 U.S.C. 5187) is amended— 

16 (1) by redesignating subsection (d) as subsection 

17 (e); and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether or 

21 not a major disaster is declared, the President may provide 

22 hazard mitigation assistance in accordance with section 

23 404 in any area affected by a fire for which assistance was 

24 provided under this section.’’. 


lotter on DSKBCFDHB2PROD with BILLS
11 

•HR 4460 RH

1 (b) CONFORMING AMENDMENTS.—The Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.) is amended— 

4 (1) in section 404(a) (42 U.S.C. 5170c(a)) (as 

5 amended by section 102(a) of this Act)— 

6 (A) by inserting before the first period ‘‘, or 

7 any area affected by a fire for which assistance 

8 was provided under section 420’’; and 

9 (B) in the third sentence by inserting ‘‘or 

10 event under section 420’’ after ‘‘major disaster’’ 

11 each place it appears; and 

12 (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), 

13 by inserting ‘‘or event under section 420’’ after 

14 ‘‘major disaster’’ each place it appears. 

15 (c) REPORTING REQUIREMENT.—Not later than 1 year 

16 after the date of enactment of this Act and annually there17 after, the Administrator of the Federal Emergency Manage18 ment Agency shall submit to the Committee on Homeland 

19 Security and Governmental Affairs of the Senate, the Com20 mittee on Transportation and Infrastructure of the House 

21 of Representatives, and the Appropriations Committees of 

22 the Senate and the House of Representatives a report con23 taining a summary of any projects carried out, and any 

24 funding provided to those projects, under subsection (d) of 

25 section 420 of the Robert T. Stafford Disaster Relief and 


lotter on DSKBCFDHB2PROD with BILLS
12 

•HR 4460 RH

1 Emergency Assistance Act (42 U.S.C. 5187) (as amended 

2 by this section). 

3 SEC. 104. ADDITIONAL ACTIVITIES. 

4 Section 404 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5170c) is amend6 ed by adding at the end the following: 

7 ‘‘(f) USE OF ASSISTANCE.—Recipients of hazard miti8 gation assistance provided under this section and section 

9 203 may use the assistance to conduct activities to help re10 duce the risk of future damage, hardship, loss, or suffering 

11 in any area affected by a wildfire or windstorm, includ12 ing— 

13 ‘‘(1) reseeding ground cover with quick-growing 

14 or native species; 

15 ‘‘(2) mulching with straw or chipped wood; 

16 ‘‘(3) constructing straw, rock, or log dams in 

17 small tributaries to prevent flooding; 

18 ‘‘(4) placing logs and other erosion barriers to 

19 catch sediment on hill slopes; 

20 ‘‘(5) installing debris traps to modify road and 

21 trail drainage mechanisms; 

22 ‘‘(6) modifying or removing culverts to allow 

23 drainage to flow freely; 


lotter on DSKBCFDHB2PROD with BILLS
13 

•HR 4460 RH

1 ‘‘(7) adding drainage dips and constructing 

2 emergency spillways to keep roads and bridges from 

3 washing out during floods; 

4 ‘‘(8) planting grass to prevent the spread of nox5 ious weeds; 

6 ‘‘(9) installing warning signs; 

7 ‘‘(10) establishing defensible space measures; 

8 ‘‘(11) reducing hazardous fuels; and 

9 ‘‘(12) windstorm damage, including replacing or 

10 installing electrical transmission or distribution util11 ity pole structures with poles that are resilient to ex12 treme wind and combined ice and wind loadings for 

13 the basic wind speeds and ice conditions associated 

14 with the relevant location.’’. 

15 TITLE II—DISASTER RESPONSE 

16 AND RECOVERY 

17 SEC. 201. FEDERAL COST-SHARE ADJUSTMENTS FOR RE18 PAIR, RESTORATION, AND REPLACEMENT OF 

19 DAMAGED FACILITIES. 

20 Section 406(b) of the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5172(b)) is 

22 amended by inserting after paragraph (2) the following: 

23 ‘‘(3) INCREASED FEDERAL SHARE.— 

24 ‘‘(A) INCENTIVE MEASURES.—The President 

25 may provide incentives to a State or Tribal govVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
14 

•HR 4460 RH

1 ernment to invest in measures that increase 

2 readiness for, and resilience from, a major dis3 aster by recognizing such investments through a 

4 sliding scale that increases the minimum Federal 

5 share to 85 percent. Such measures may in6 clude— 

7 ‘‘(i) the adoption of a mitigation plan 

8 approved under section 322; 

9 ‘‘(ii) investments in disaster relief, in10 surance, and emergency management pro11 grams; 

12 ‘‘(iii) encouraging the adoption and 

13 enforcement of the latest published editions 

14 of relevant consensus-based codes, specifica15 tions, and standards that incorporate the 

16 latest hazard-resistant designs and establish 

17 minimum acceptable criteria for the design, 

18 construction, and maintenance of residen19 tial structures and facilities that may be el20 igible for assistance under this Act for the 

21 purpose of protecting the health, safety, and 

22 general welfare of the buildings’ users 

23 against disasters; 

24 ‘‘(iv) facilitating participation in the 

25 community rating system; and 


lotter on DSKBCFDHB2PROD with BILLS
15 

•HR 4460 RH

1 ‘‘(v) funding mitigation projects or 

2 granting tax incentives for projects that re3 duce risk. 

4 ‘‘(B) COMPREHENSIVE GUIDANCE.—Not 

5 later than 1 year after the date of enactment of 

6 this paragraph, the President, acting through the 

7 Administrator, shall issue comprehensive guid8 ance to State and Tribal governments regarding 

9 the measures and investments that will be recog10 nized for the purpose of increasing the Federal 

11 share under this section. 

12 ‘‘(C) REPORT.—One year after the issuance 

13 of the guidance required by subparagraph (B), 

14 the Administrator shall submit to the Committee 

15 on Transportation and Infrastructure of the 

16 House of Representatives and the Committee on 

17 Homeland Security and Governmental Affairs of 

18 the Senate a report regarding the analysis of the 

19 Federal cost shares paid under this section. 

20 ‘‘(D) SAVINGS CLAUSE.—Nothing in this 

21 paragraph prevents the President from increas22 ing the Federal cost share above 85 percent.’’. 


lotter on DSKBCFDHB2PROD with BILLS
16 

•HR 4460 RH

1 SEC. 202. ELIGIBILITY FOR CODE IMPLEMENTATION AND 

2 ENFORCEMENT. 

3 Section 406(a)(2) of the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 

5 5172(a)(2)) is amended— 

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (B); 

8 (2) by striking the period at the end of subpara9 graph (C) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(D) base and overtime wages for extra 

12 hires to facilitate the implementation and en13 forcement of adopted building codes for a period 

14 of not more than 180 days after the major dis15 aster is declared.’’. 

16 SEC. 203. PROGRAM IMPROVEMENTS. 

17 (a) HAZARD MITIGATION.—Section 406(c) of the Rob18 ert T. Stafford Disaster Relief and Emergency Assistance 

19 Act (42 U.S.C. 5172(c)) is amended— 

20 (1) in paragraph (1)(A), by striking ‘‘90 percent 

21 of’’; and 

22 (2) in paragraph (2)(A), by striking ‘‘75 percent 

23 of’’. 

24 (b) PARTICIPATION.—Section 428(d) of such Act (42 

25 U.S.C. 5189f) is amended— 


lotter on DSKBCFDHB2PROD with BILLS
17 

•HR 4460 RH

1 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

2 ‘‘Participation in’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) NO CONDITIONS.—The President may not 

5 condition the provision of Federal assistance under 

6 this Act on the election by a State, Tribal, or local 

7 government, or owner or operator of a private non8 profit facility to participate in the alternative proce9 dures adopted under this section.’’. 

10 (c) CERTIFICATION.—Section 428(e)(1) of such Act (42 

11 U.S.C. 5189f(e)(1)) is amended— 

12 (1) in subparagraph (E), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (F), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(G) once certified by a professionally li18 censed engineer and accepted by the Adminis19 trator, the estimates on which grants made pur20 suant to this section are based shall be presumed 

21 to be reasonable, eligible, and actual costs as long 

22 as there is no evidence of fraud.’’. 

23 SEC. 204. PRIORITIZATION OF FACILITIES. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the Administrator of the Federal Emergency 


lotter on DSKBCFDHB2PROD with BILLS
18 

•HR 4460 RH

1 Management Agency shall provide guidance and training 

2 on an annual basis to State, Tribal, and local governments, 

3 first responders, and utility companies on— 

4 (1) the need to prioritize assistance to hospitals, 

5 nursing homes, and other long-term care facilities to 

6 ensure that such health care facilities remain func7 tioning or return to functioning as soon as prac8 ticable during power outages caused by natural haz9 ards, including severe weather events; and 

10 (2) how hospitals, nursing homes and other long11 term care facilities should adequately prepare for 

12 power outages during a major disaster or emergency. 

13 SEC. 205. GUIDANCE ON EVACUATION ROUTES. 

14 (a) IN GENERAL.— 

15 (1) IDENTIFICATION.—The Administrator of the 

16 Federal Emergency Management Agency, in coordina17 tion with the Administrator of the Federal Highway 

18 Administration, shall develop and issue guidance for 

19 State, local, and Tribal governments regarding the 

20 identification of evacuation routes. 

21 (2) GUIDANCE.—The Administrator of the Fed22 eral Highway Administration, in coordination with 

23 the Administrator of the Federal Emergency Manage24 ment Agency, shall revise existing guidance or issue 

25 new guidance as appropriate for State, local, and 


lotter on DSKBCFDHB2PROD with BILLS
19 

•HR 4460 RH

1 Tribal governments regarding the design, construc2 tion, maintenance, and repair of evacuation routes. 

3 (b) CONSIDERATIONS.— 

4 (1) IDENTIFICATION.—In developing the guid5 ance under subsection (a)(1), the Administrator of the 

6 Federal Emergency Management Agency shall con7 sider— 

8 (A) whether evacuation routes have resisted 

9 impacts and recovered quickly from disasters, re10 gardless of cause; 

11 (B) the need to evacuate special needs popu12 lations, including— 

13 (i) individuals with a physical or men14 tal disability; 

15 (ii) individuals in schools, daycare 

16 centers, mobile home parks, prisons, nursing 

17 homes and other long-term care facilities, 

18 and detention centers; 

19 (iii) individuals with limited-English 

20 proficiency; 

21 (iv) the elderly; and 

22 (v) individuals who are tourists, sea23 sonal workers, or homeless; 


lotter on DSKBCFDHB2PROD with BILLS
20 

•HR 4460 RH

1 (C) the sharing of information and other 

2 public communications with evacuees during 

3 evacuations; 

4 (D) the sheltering of evacuees, including the 

5 care, protection, and sheltering of animals; 

6 (E) the return of evacuees to their homes; 

7 and 

8 (F) such other items the Administrator con9 siders appropriate. 

10 (2) DESIGN, CONSTRUCTION, MAINTENANCE, AND

11 REPAIR.—In revising or issuing guidance under 

12 (a)(2), the Administrator of the Federal Highway Ad13 ministration shall consider— 

14 (A) methods that assist evacuation routes 

15 to— 

16 (i) withstand likely risks to viability, 

17 including flammability and hydrostatic 

18 forces; 

19 (ii) improve durability, strength (in20 cluding the ability to withstand tensile 

21 stresses and compressive stresses), and sus22 tainability; and 

23 (iii) provide for long-term cost savings; 

24 (B) the ability of evacuation routes to effec25 tively manage contraflow operations; 


lotter on DSKBCFDHB2PROD with BILLS
21 

•HR 4460 RH

1 (C) for evacuation routes on public lands, 

2 the viewpoints of the applicable Federal Land 

3 Management Agency regarding emergency oper4 ations, sustainability, and resource protection; 

5 and 

6 (D) such other items the Administrator con7 siders appropriate. 

8 SEC. 206. PROOF OF INSURANCE. 

9 A State shall be deemed to have proven that an appli10 cant has satisfied the purchase of insurance requirements 

11 under the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.) when an en13 cumbrance requiring the purchase and maintenance of in14 surance has been placed on the title of the property receiving 

15 the benefit of the grant or assistance. This section in no 

16 way removes or reduces the insurance requirements on an 

17 applicant under the Act and in no way limits the require18 ment that assistance provided under such Act be reduced 

19 or eliminated when the requirements are not met. 

20 SEC. 207. DUPLICATION OF BENEFITS. 

21 (a) IN GENERAL.—Section 312(b) of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5155(b)) is amended by adding at the end the fol24 lowing: 

25 ‘‘(4) WAIVER OF GENERAL PROHIBITION.— 


lotter on DSKBCFDHB2PROD with BILLS
22 

•HR 4460 RH

1 ‘‘(A) IN GENERAL.—The President may 

2 waive the general prohibition provided in sub3 section (a) upon request of a Governor on behalf 

4 of the State or on behalf of a person, business 

5 concern, or any other entity suffering losses as a 

6 result of a major disaster or emergency, if the 

7 President finds such waiver is in the public in8 terest and will not result in waste, fraud, or 

9 abuse. In making this decision, the President 

10 may consider the following: 

11 ‘‘(i) The recommendations of the Ad12 ministrator of the Federal Emergency Man13 agement Agency made in consultation with 

14 the Federal agency or agencies admin15 istering the duplicative program. 

16 ‘‘(ii) If a waiver is granted, the assist17 ance to be funded is cost effective. 

18 ‘‘(iii) Equity and good conscience. 

19 ‘‘(iv) Other matters of public policy 

20 considered appropriate by the President. 

21 ‘‘(B) GRANT OR DENIAL OF WAIVER.—A re22 quest under subparagraph (A) shall be granted 

23 or denied not later than 45 days after submis24 sion of such request. 


lotter on DSKBCFDHB2PROD with BILLS
23 

•HR 4460 RH

1 ‘‘(C) PROHIBITION ON DETERMINATION

2 THAT LOAN IS A DUPLICATION.—Notwith3 standing subsection (c), in carrying out subpara4 graph (A), the President may not determine that 

5 a loan is a duplication of assistance, provided 

6 that all Federal assistance is used toward a loss 

7 suffered as a result of the major disaster or emer8 gency.’’. 

9 (b) FUNDING OF A FEDERALLY AUTHORIZED WATER

10 RESOURCES DEVELOPMENT PROJECT.— 

11 (1) ELIGIBLE ACTIVITIES.—Notwithstanding sec12 tion 312 of the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5155) and its 

14 implementing regulations, assistance provided pursu15 ant to section 404 of such Act may be used to fund 

16 activities authorized for construction within the scope 

17 of a federally authorized water resources development 

18 project of the Army Corps of Engineers if such activi19 ties are also eligible activities under such section. 

20 (2) FEDERAL FUNDING.—All Federal funding 

21 provided under section 404 pursuant to this sub22 section shall be applied toward the Federal share of 

23 such project. 

24 (3) NON-FEDERAL MATCH.—All non-Federal 

25 matching funds required under section 404 pursuant 


lotter on DSKBCFDHB2PROD with BILLS
24 

•HR 4460 RH

1 to this subsection shall be applied toward the non2 Federal share of such project. 

3 (4) TOTAL FEDERAL SHARE.—Funding provided 

4 under section 404 pursuant to this subsection may 

5 not exceed the total Federal share for such project. 

6 (5) NO EFFECT.—Nothing in this subsection 

7 shall— 

8 (A) affect the cost share requirement of a 

9 hazard mitigation measure under section 404; 

10 (B) affect the eligibility criteria for a haz11 ard mitigation measure under section 404; 

12 (C) affect the cost share requirements of a 

13 federally authorized water resources development 

14 project; and 

15 (D) affect the responsibilities of a non-Fed16 eral interest with respect to the project, including 

17 those related to the provision of lands, easements, 

18 rights-of-way, dredge material disposal areas, 

19 and necessary relocations. 

20 SEC. 208. STATE ADMINISTRATION OF ASSISTANCE FOR DI21 RECT TEMPORARY HOUSING AND PERMA22 NENT HOUSING CONSTRUCTION. 

23 Section 408(f) of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5174(f)) is 

25 amended— 


lotter on DSKBCFDHB2PROD with BILLS
25 

•HR 4460 RH

1 (1) in paragraph (1), by striking the paragraph 

2 heading and inserting ‘‘STATE-ADMINISTERED AS3 SISTANCE AND OTHER NEEDS ASSISTANCE.—’’; 

4 (2) in paragraph (1)(A)— 

5 (A) by striking ‘‘financial’’; and 

6 (B) by striking ‘‘subsection (e)’’ and insert7 ing ‘‘subsections (c)(1)(B), (c)(4), and (e) if the 

8 President and the State comply, as determined 

9 by the Administrator, with paragraph (3)’’; 

10 (3) in paragraph (1)(B)— 

11 (A) by striking ‘‘financial’’; and 

12 (B) by striking ‘‘subsection (e)’’ and insert13 ing ‘‘subsections (c)(1)(B), (c)(4), and (e)’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(3) IN GENERAL.— 

16 ‘‘(A) APPLICATION.—A State desiring to 

17 provide assistance under subsections (c)(1)(B) 

18 and (c)(4) shall submit to the President an ap19 plication for the delegation of the authority to 

20 administer the program. 

21 ‘‘(B) CRITERIA.—The President, in con22 sultation and coordination with States and local 

23 governments, shall establish criteria for the ap24 proval of applications submitted under subparaVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
26 

•HR 4460 RH

1 graph (A). The criteria shall include, at a min2 imum— 

3 ‘‘(i) the demonstrated ability of the 

4 State to manage the program under this 

5 section; 

6 ‘‘(ii) there being in effect a plan ap7 proved by the President as to how the State 

8 will comply with applicable Federal laws 

9 and regulations and how the State will pro10 vide assistance under its plan; 

11 ‘‘(iii) a requirement that the State or 

12 local government comply with rules and 

13 regulations established pursuant to sub14 section (j); and 

15 ‘‘(iv) a requirement that the President, 

16 or the designee of the President, comply 

17 with subsection (i). 

18 ‘‘(C) QUALITY ASSURANCE.—Before approv19 ing an application submitted under this section, 

20 the President, or the designee of the President, 

21 shall institute adequate policies, procedures, and 

22 internal controls to prevent waste, fraud, abuse, 

23 and program mismanagement for this program 

24 and for programs under subsections (c)(1)(B) 

25 and (c)(4). The President shall monitor and conVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
27 

•HR 4460 RH

1 duct quality assurance activities on a State’s im2 plementation of programs under subsections 

3 (c)(1)(B) and (c)(4). If, after approving an ap4 plication of a State submitted under this section, 

5 the President determines that the State is not 

6 administering the program established by this 

7 section in a manner satisfactory to the Presi8 dent, the President shall withdraw the approval. 

9 ‘‘(D) AUDITS.—The Office of the inspector 

10 general shall provide for periodic audits of the 

11 programs administered by States under this sub12 section. 

13 ‘‘(E) APPLICABLE LAWS.—All Federal laws 

14 applicable to the management, administration, 

15 or contracting of the programs by the Federal 

16 Emergency Management Agency under this sec17 tion shall be applicable to the management, ad18 ministration, or contracting by a non-Federal 

19 entity under this section. 

20 ‘‘(F) REPORT.—Not later than 1 year after 

21 the date of enactment of this paragraph, the in22 spector general of the Department of Homeland 

23 Security shall submit a report to the Committee 

24 on Homeland Security and Governmental Af25 fairs of the Senate and the Committee on TransVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
28 

•HR 4460 RH

1 portation and Infrastructure of the House of 

2 Representatives a report on the State role to pro3 vide assistance under this section. The report 

4 shall contain an assessment of the effectiveness of 

5 the State’s role to provide assistance under this 

6 section, including— 

7 ‘‘(i) whether the State’s role helped to 

8 improve the general speed of disaster recov9 ery; 

10 ‘‘(ii) whether the States providing as11 sistance under this section had the capacity 

12 to administer this section; and 

13 ‘‘(iii) recommendations for changes to 

14 improve the program if the State’s role to 

15 administer the programs should be contin16 ued. 

17 ‘‘(G) PROHIBITION.—The President may 

18 not condition the provision of Federal assistance 

19 under this Act by a State, Tribal, or local gov20 ernment requesting a grant under this section. 

21 ‘‘(H) MISCELLANEOUS.— 

22 ‘‘(i) NOTICE AND COMMENT.—The Ad23 ministrator may waive notice and comment 

24 rulemaking, if the Administrator determines 

25 doing so is necessary to expeditiously impleVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
29 

•HR 4460 RH

1 ment this section, and may carry out this 

2 section as a pilot program until such regu3 lations are promulgated. 

4 ‘‘(ii) FINAL RULE.—Not later than 2 

5 years after the date of enactment of this 

6 paragraph, the Administrator shall issue 

7 final regulations to implement this sub8 section as amended by the Disaster Recov9 ery Reform Act. 

10 ‘‘(iii) WAIVER AND EXPIRATION.—The 

11 authority under clause (i) and any pilot 

12 program implemented pursuant to such 

13 clause shall expire 2 years after date of en14 actment of this paragraph or upon issuance 

15 of final regulations pursuant to clause (ii), 

16 whichever occurs sooner.’’. 

17 SEC. 209. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

18 Section 408(h) of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5174(h)) is 

20 amended— 

21 (1) in paragraph (1), by inserting ‘‘, excluding 

22 financial assistance to rent alternate housing accom23 modations under subsection (c)(1)(A)(i) and financial 

24 assistance to address other needs under subsection (e)’’ 

25 after ‘‘disaster’’; 


lotter on DSKBCFDHB2PROD with BILLS
30 

•HR 4460 RH

1 (2) by redesignating paragraph (2) as para2 graph (3); 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) OTHER NEEDS ASSISTANCE.—The max6 imum financial assistance any individual or house7 hold may receive under subsection (e) shall be equiva8 lent to the amount set forth in paragraph (1) with re9 spect to a single major disaster.’’; 

10 (4) in paragraph (3) (as so redesignated), by 

11 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

12 (1) and (2)’’; and 

13 (5) by inserting after paragraph (3) (as so redes14 ignated) the following: 

15 ‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR

16 INDIVIDUALS WITH DISABILITIES.— 

17 ‘‘(A) The maximum amount of assistance 

18 established under paragraph (1) shall exclude ex19 penses to repair or replace damaged accessi20 bility-related improvements under paragraphs 

21 (2), (3), and (4) of subsection (c) for individuals 

22 with disabilities. 

23 ‘‘(B) The maximum amount of assistance 

24 established under paragraph (2) shall exclude ex25 penses to repair or replace accessibility-related 


lotter on DSKBCFDHB2PROD with BILLS
31 

•HR 4460 RH

1 personal property under subsection (e)(2) for in2 dividuals with disabilities.’’. 

3 SEC. 210. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 

4 (a) LEASE AND REPAIR OF RENTAL UNITS FOR TEM5 PORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of the 

6 Robert T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to 

8 read as follows: 

9 ‘‘(II) IMPROVEMENTS OR RE10 PAIRS.—Under the terms of any lease 

11 agreement for property entered into 

12 under this subsection, the value of the 

13 improvements or repairs shall be de14 ducted from the value of the lease 

15 agreement.’’. 

16 (b) RENTAL PROPERTIES IMPACTED.—Section 

17 408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act (42 U.S.C. 

19 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 

20 ‘‘(aa) enter into lease agree21 ments with owners of multifamily 

22 rental property impacted by a 

23 major disaster or located in areas 

24 covered by a major disaster dec25 laration to house individuals and 


lotter on DSKBCFDHB2PROD with BILLS
32 

•HR 4460 RH

1 households eligible for assistance 

2 under this section; and’’. 

3 (c) INSPECTOR GENERAL REPORT.—Not later than 2 

4 years after the date of the enactment of this Act, the inspec5 tor general of the Department of Homeland Security shall 

6 assess the use of the authority provided under section 

7 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)), in9 cluding the adequacy of any benefit-cost analysis done to 

10 justify the use of this alternative, and submit a report on 

11 the results of that review to the appropriate committees of 

12 Congress. 

13 SEC. 211. FEDERAL DISASTER ASSISTANCE NONPROFIT 

14 FAIRNESS. 

15 (a) DEFINITION OF PRIVATE NONPROFIT FACILITY.— 

16 Section 102(11)(B) of the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is 

18 amended to read as follows: 

19 ‘‘(B) ADDITIONAL FACILITIES.—In addition 

20 to the facilities described in subparagraph (A), 

21 the term ‘private nonprofit facility’ includes any 

22 private nonprofit facility that provides essential 

23 services of a governmental nature to the general 

24 public (including museums, zoos, performing 

25 arts facilities, community arts centers, commuVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
33 

•HR 4460 RH

1 nity centers, houses of worship exempt from tax2 ation under section 501(c) of the Internal Rev3 enue Code of 1986, libraries, homeless shelters, 

4 senior citizen centers, rehabilitation facilities, 

5 shelter workshops, food banks, and facilities that 

6 provide health and safety services of a govern7 mental nature), as defined by the President.’’. 

8 (b) REPAIR, RESTORATION, AND REPLACEMENT OF

9 DAMAGED FACILITIES.—Section 406(a)(3) of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5172(a)(3)) is amended by adding at the end the 

12 following: 

13 ‘‘(C) HOUSES OF WORSHIP.—A church, syn14 agogue, mosque, temple, or other house of wor15 ship, and a private nonprofit facility operated 

16 by a religious organization, shall be eligible for 

17 contributions under paragraph (1)(B), without 

18 regard to the religious character of the facility or 

19 the primary religious use of the facility.’’. 

20 (c) APPLICABILITY.—This section and the amendments 

21 made by this section shall apply to the provision of assist22 ance in response to a major disaster or emergency declared 

23 on or after October 28, 2012. 


lotter on DSKBCFDHB2PROD with BILLS
34 

•HR 4460 RH

1 SEC. 212. MANAGEMENT COSTS. 

2 Section 324 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5165b) is amend4 ed— 

5 (1) in subsection (a) by striking ‘‘any adminis6 trative expense, and any other expense not directly 

7 chargeable to’’ and inserting ‘‘direct administrative 

8 cost, and any other administrative expense associated 

9 with’’; and 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘Notwithstanding’’ and in12 serting the following: 

13 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

14 (B) by striking ‘‘establish’’ and inserting 

15 the following: ‘‘implement’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad18 ministrator shall provide the following percentage 

19 rates, in addition to the eligible project costs, to cover 

20 direct and indirect costs of administering the fol21 lowing programs: 

22 ‘‘(A) HAZARD MITIGATION.—A grantee 

23 under section 404 may be reimbursed not more 

24 than 15 percent of the total amount of the grant 

25 award under such section of which not more 


lotter on DSKBCFDHB2PROD with BILLS
35 

•HR 4460 RH

1 than 10 percent may be used by the grantee and 

2 5 percent by the subgrantee for such costs. 

3 ‘‘(B) PUBLIC ASSISTANCE.—A grantee 

4 under sections 403, 406, 407, and 502 may be 

5 reimbursed not more than 12 percent of the total 

6 award amount under such sections, of which not 

7 more than 7 percent may be used by the grantee 

8 and 5 percent by the subgrantee for such costs.’’. 

9 SEC. 213. FLEXIBILITY. 

10 (a) DEFINITION.—In this section, the term ‘‘covered 

11 assistance’’ means assistance provided— 

12 (1) under section 408 of the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5174); and 

15 (2) in relation to a major disaster or emergency 

16 declared by the President under section 401 or 501 of 

17 the Robert T. Stafford Disaster Relief and Emergency 

18 Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191) on 

19 or after October 28, 2012. 

20 (b) WAIVER AUTHORITY.—Notwithstanding section 

21 3716(e) of title 31, United States Code, the Administrator 

22 of the Federal Emergency Management Agency— 

23 (1) subject to paragraph (2), may waive a debt 

24 owed to the United States related to covered assist25 ance provided to an individual or household if— 


lotter on DSKBCFDHB2PROD with BILLS
36 

•HR 4460 RH

1 (A) the covered assistance was distributed 

2 based on an error by the Federal Emergency 

3 Management Agency; 

4 (B) there was no fault on behalf of the debt5 or; and 

6 (C) the collection of the debt would be 

7 against equity and good conscience; and 

8 (2) may not waive a debt under paragraph (1) 

9 if the debt involves fraud, the presentation of a false 

10 claim, or misrepresentation by the debtor or any 

11 party having an interest in the claim. 

12 (c) MONITORING OF COVERED ASSISTANCE DISTRIB13 UTED BASED ON ERROR.— 

14 (1) IN GENERAL.—The inspector general of the 

15 Department of Homeland Security shall monitor the 

16 distribution of covered assistance to individuals and 

17 households to determine the percentage of such assist18 ance distributed based on an error. 

19 (2) REMOVAL OF WAIVER AUTHORITY BASED ON

20 EXCESSIVE ERROR RATE.—If the inspector general de21 termines, with respect to any 12-month period, that 

22 the amount of covered assistance distributed based on 

23 an error by the Federal Emergency Management 

24 Agency exceeds 4 percent of the total amount of cov25 ered assistance distributed— 


lotter on DSKBCFDHB2PROD with BILLS
37 

•HR 4460 RH

1 (A) the inspector general shall notify the 

2 Administrator and publish the determination in 

3 the Federal Register; and 

4 (B) with respect to any major disaster de5 clared by the President under section 401 of the 

6 Robert T. Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5170) after the 

8 date of the determination, the authority of the 

9 Administrator to waive debt under subsection (b) 

10 shall no longer be effective. 

11 SEC. 214. ADDITIONAL DISASTER ASSISTANCE. 

12 (a) DISASTER MITIGATION.—Section 209 of the Public 

13 Works and Economic Development Act of 1965 (42 U.S.C. 

14 3149) is amended by adding at the end the following: 

15 ‘‘(e) DISASTER MITIGATION.—In providing assistance 

16 pursuant to subsection (c)(2), if appropriate and as appli17 cable, the Secretary may encourage hazard mitigation in 

18 assistance provided pursuant to such subsection.’’. 

19 (b) EMERGENCY MANAGEMENT ASSISTANCE COMPACT

20 GRANTS.—Section 661(d) of the Post-Katrina Emergency 

21 Management Reform Act of 2006 (6 U.S.C. 761(d)) is 

22 amended by striking ‘‘for fiscal year 2008’’ and inserting 

23 ‘‘for each of fiscal years 2018 through 2022’’. 

24 (c) EMERGENCY MANAGEMENT PERFORMANCE

25 GRANTS PROGRAM.—Section 662(f) of the Post-Katrina 


lotter on DSKBCFDHB2PROD with BILLS
38 

•HR 4460 RH

1 Emergency Management Reform Act of 2006 (6 U.S.C. 

2 762(f)) is amended by striking ‘‘the program’’ and all that 

3 follows through ‘‘2012’’ and inserting ‘‘the program, for 

4 each of fiscal years 2018 through 2022’’. 

5 (d) TECHNICAL AMENDMENT.—Section 403(a)(3) of 

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5170a) is amended by striking the 

8 second subparagraph (J). 

9 SEC. 215. NATIONAL VETERINARY EMERGENCY TEAMS. 

10 (a) IN GENERAL.—The Administrator of the Federal 

11 Emergency Management Agency may establish one or more 

12 national veterinary emergency teams at accredited colleges 

13 of veterinary medicine. 

14 (b) RESPONSIBILITIES.—A national veterinary emer15 gency team shall— 

16 (1) deploy with a team of the National Urban 

17 Search and Rescue Response System to assist with— 

18 (A) veterinary care of canine search teams; 

19 (B) locating and treating companion ani20 mals, service animals, livestock, and other ani21 mals; and 

22 (C) surveillance and treatment of zoonotic 

23 diseases; 

24 (2) recruit, train, and certify veterinary profes25 sionals, including veterinary students, in accordance 


lotter on DSKBCFDHB2PROD with BILLS
39 

•HR 4460 RH

1 with an established set of plans and standard oper2 ating guidelines to carry out the duties associated 

3 with planning for and responding to emergencies as 

4 described in paragraph (1); 

5 (3) assist State, Tribal, and local governments 

6 and nonprofit organizations in developing emergency 

7 management and evacuation plans that account for 

8 the care and rescue of animals and in improving 

9 local readiness for providing veterinary medical re10 sponse during a disaster; and 

11 (4) coordinate with the Department of Homeland 

12 Security, the Department of Health and Human 

13 Services, the Department of Agriculture, State, Trib14 al, and local governments (including State depart15 ments of animal and human health), veterinary and 

16 health care professionals, and volunteers. 

17 SEC. 216. DISPUTE RESOLUTION PILOT PROGRAM. 

18 Section 1105(c) of the Sandy Recovery Improvement 

19 Act of 2013 (42 U.S.C. 5189a note) is amended by striking 

20 ‘‘2015’’ and inserting ‘‘2022’’. 

21 SEC. 217. EMERGENCY RELIEF. 

22 Notwithstanding section 125(d)(4) of title 23, United 

23 States Code, no limitation on the total obligations for 

24 projects under section 125 of such title shall apply to the 

25 Virgin Islands, Guam, American Samoa, and the CommonVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
40 

•HR 4460 RH

1 wealth of the Northern Mariana Islands with respect to fis2 cal years 2018 and 2019. 

3 TITLE III—AGENCY MANAGE4 MENT, OVERSIGHT, AND AC5 COUNTABILITY 

6 SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HIS7 TORIC PRESERVATION REVIEW. 

8 (a) REVIEW AND ANALYSIS.—Not later than 180 days 

9 after the date of enactment of this Act, the Administrator 

10 of the Federal Emergency Management Agency shall review 

11 the Unified Federal Environmental and Historic Preserva12 tion review process established pursuant to section 429 of 

13 the Robert T. Stafford Disaster Relief and Emergency As14 sistance Act (42 U.S.C. 5189g), and submit a report to the 

15 Committee on Transportation and Infrastructure of the 

16 House of Representatives and the Committee on Homeland 

17 Security and Governmental Affairs of the Senate that in18 cludes the following: 

19 (1) An analysis of whether and how the unified 

20 process has expedited the interagency review process 

21 to ensure compliance with the environmental and his22 toric requirements under Federal law relating to dis23 aster recovery projects. 

24 (2) A survey and analysis of categorical exclu25 sions used by other Federal agencies that may be apVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
41 

•HR 4460 RH

1 plicable to any activity related to a Presidentially de2 clared major disaster or emergency under such Act. 

3 (3) Recommendations on any further actions, in4 cluding any legislative proposals, needed to expedite 

5 and streamline the review process. 

6 (b) REGULATIONS.—After completing the review, sur7 vey, and analyses under subsection (a), but not later than 

8 2 years after the date of enactment of this Act, and after 

9 providing notice and opportunity for public comment, the 

10 Administrator shall issue regulations to implement any reg11 ulatory recommendations, including any categorical exclu12 sions identified under subsection (a), to the extent that the 

13 categorical exclusions meet the criteria for a categorical ex14 clusion under section 1508.4 of title 40, Code of Federal 

15 Regulations, and section II of DHS Instruction Manual 

16 023–01–001—01. 

17 SEC. 302. CLOSEOUT INCENTIVES. 

18 (a) FACILITATING CLOSEOUT.—Section 705 of the 

19 Robert T. Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5205) is amended by adding at the 

21 end the following: 

22 ‘‘(d) FACILITATING CLOSEOUT.— 

23 ‘‘(1) INCENTIVES.—The Administrator may de24 velop incentives and penalties that encourage State, 

25 Tribal, or local governments to close out expenditures 


lotter on DSKBCFDHB2PROD with BILLS
42 

•HR 4460 RH

1 and activities on a timely basis related to disaster or 

2 emergency assistance. 

3 ‘‘(2) AGENCY REQUIREMENTS.—The Agency 

4 shall, consistent with applicable regulations and re5 quired procedures, meet its responsibilities to improve 

6 closeout practices and reduce the time to close disaster 

7 program awards.’’. 

8 (b) REGULATIONS.—The Administrator shall issue reg9 ulations to implement this section. 

10 SEC. 303. PERFORMANCE OF SERVICES. 

11 Section 306 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5149) is amend13 ed by adding at the end the following: 

14 ‘‘(c) The Administrator of the Federal Emergency 

15 Management Agency is authorized to appoint temporary 

16 personnel, after serving continuously for 1 year, to positions 

17 in the Agency in the same manner that competitive service 

18 employees are considered for transfer, reassignment, or pro19 motion to such positions. An individual appointed under 

20 this subsection shall become a career-conditional employee, 

21 unless the employee has already completed the service re22 quirements for career tenure.’’. 


lotter on DSKBCFDHB2PROD with BILLS
43 

•HR 4460 RH

1 SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE IN2 FORMATION COLLECTION. 

3 Not later than 1 year after the date of enactment of 

4 this Act, the Administrator of the Federal Emergency Man5 agement Agency shall— 

6 (1) in coordination with the Small Business Ad7 ministration, the Department of Housing and Urban 

8 Development, and other appropriate agencies, conduct 

9 a study and develop a plan, consistent with law, 

10 under which the collection of information from dis11 aster assistance applicants and grantees will be modi12 fied, streamlined, expedited, efficient, flexible, consoli13 dated, and simplified to be less burdensome, duplica14 tive, and time consuming for applicants and grantees; 

15 (2) in coordination with the Small Business Ad16 ministration, the Department of Housing and Urban 

17 Development, and other appropriate agencies, develop 

18 a plan for the regular collection and reporting of in19 formation on provided Federal disaster assistance, in20 cluding the establishment and maintenance of a 

21 website for presenting the information to the public; 

22 and 

23 (3) submit the plans to the Committee on Trans24 portation and Infrastructure of the House of Rep25 resentatives and the Committee on Homeland Secu26 rity and Governmental Affairs of the Senate. 


lotter on DSKBCFDHB2PROD with BILLS
44 

•HR 4460 RH

1 SEC. 305. AGENCY ACCOUNTABILITY. 

2 Title IV of the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 430. AGENCY ACCOUNTABILITY. 

6 ‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days 

7 after an award of a public assistance grant is made under 

8 section 406 that is in excess of $1,000,000, the Adminis9 trator shall publish on the Agency’s website the specifics of 

10 each such grant award, including— 

11 ‘‘(1) identifying the Federal Emergency Manage12 ment Agency Region; 

13 ‘‘(2) the disaster or emergency declaration num14 ber; 

15 ‘‘(3) the State, county, and applicant name; 

16 ‘‘(4) if the applicant is a private nonprofit; 

17 ‘‘(5) the damage category code; 

18 ‘‘(6) the amount of the Federal share obligated; 

19 and 

20 ‘‘(7) the date of the award. 

21 ‘‘(b) MISSION ASSIGNMENTS.— 

22 ‘‘(1) IN GENERAL.—Not later than 5 days after 

23 the issuance of a mission assignment or mission as24 signment task order, the Administrator shall publish 

25 on the Agency’s website any mission assignment or 

26 mission assignment task order to another Federal deVerDate Sep 11 2014 22:12 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H4460.RH H4460

lotter on DSKBCFDHB2PROD with BILLS
45 

•HR 4460 RH

1 partment or agency regarding a major disaster in ex2 cess of $1,000,000, including— 

3 ‘‘(A) the name of the impacted State or 

4 Tribe; 

5 ‘‘(B) the disaster declaration for such State 

6 or Tribe; 

7 ‘‘(C) the assigned agency; 

8 ‘‘(D) the assistance requested; 

9 ‘‘(E) a description of the disaster; 

10 ‘‘(F) the total cost estimate; 

11 ‘‘(G) the amount obligated; 

12 ‘‘(H) the State or Tribal cost share, if ap13 plicable; 

14 ‘‘(I) the authority under which the mission 

15 assignment or mission assignment task order 

16 was directed; and 

17 ‘‘(J) if applicable, the date a State or Tribe 

18 requested the mission assignment. 

19 ‘‘(2) RECORDING CHANGES.—Not later than 10 

20 days after the last day of each month until a mission 

21 assignment or mission assignment task order de22 scribed in paragraph (1) is completed and closed out, 

23 the Administrator shall update any changes to the 

24 total cost estimate and the amount obligated. 


lotter on DSKBCFDHB2PROD with BILLS
46 

•HR 4460 RH

1 ‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not later 

2 than 10 days after the first day of each month, the Adminis3 trator shall publish on the Agency’s website reports, includ4 ing a specific description of the methodology and the source 

5 data used in developing such reports, including— 

6 ‘‘(1) an estimate of the amounts for the fiscal 

7 year covered by the President’s most recent budget 

8 pursuant to section 1105(a) of title 31, United States 

9 Code, including— 

10 ‘‘(A) the unobligated balance of funds to be 

11 carried over from the prior fiscal year to the 

12 budget year; 

13 ‘‘(B) the unobligated balance of funds to be 

14 carried over from the budget year to the budget 

15 year plus 1; 

16 ‘‘(C) the amount of obligations for non-cata17 strophic events for the budget year; 

18 ‘‘(D) the amount of obligations for the budg19 et year for catastrophic events delineated by 

20 event and by State; 

21 ‘‘(E) the total amount that has been pre22 viously obligated or will be required for cata23 strophic events delineated by event and by State 

24 for all prior years, the current fiscal year, the 

25 budget year, and each fiscal year thereafter; 


lotter on DSKBCFDHB2PROD with BILLS
47 

•HR 4460 RH

1 ‘‘(F) the amount of previously obligated 

2 funds that will be recovered for the budget year; 

3 ‘‘(G) the amount that will be required for 

4 obligations for emergencies, as described in sec5 tion 102(1), major disasters, as described in sec6 tion 102(2), fire management assistance grants, 

7 as described in section 420, surge activities, and 

8 disaster readiness and support activities; and 

9 ‘‘(H) the amount required for activities not 

10 covered under section 251(b)(2)(D)(iii) of the 

11 Balanced Budget and Emergency Deficit Control 

12 Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and 

13 ‘‘(2) an estimate or actual amounts, if available, 

14 of the following for the current fiscal year shall be 

15 submitted not later than the fifth day of each month, 

16 published by the Administrator on the Agency’s 

17 website not later than the fifth day of each month: 

18 ‘‘(A) A summary of the amount of appro19 priations made available by source, the transfers 

20 executed, the previously allocated funds recov21 ered, and the commitments, allocations, and obli22 gations made. 

23 ‘‘(B) A table of disaster relief activity delin24 eated by month, including— 


lotter on DSKBCFDHB2PROD with BILLS
48 

•HR 4460 RH

1 ‘‘(i) the beginning and ending bal2 ances; 

3 ‘‘(ii) the total obligations to include 

4 amounts obligated for fire assistance, emer5 gencies, surge, and disaster support activi6 ties; 

7 ‘‘(iii) the obligations for catastrophic 

8 events delineated by event and by State; 

9 and 

10 ‘‘(iv) the amount of previously obli11 gated funds that are recovered. 

12 ‘‘(C) A summary of allocations, obligations, 

13 and expenditures for catastrophic events delin14 eated by event. 

15 ‘‘(D) The cost of the following categories of 

16 spending: 

17 ‘‘(i) Public assistance. 

18 ‘‘(ii) Individual assistance. 

19 ‘‘(iii) Mitigation. 

20 ‘‘(iv) Administrative. 

21 ‘‘(v) Operations. 

22 ‘‘(vi) Any other relevant category (in23 cluding emergency measures and disaster 

24 resources) delineated by disaster. 


lotter on DSKBCFDHB2PROD with BILLS
49 

•HR 4460 RH

1 ‘‘(E) The date on which funds appropriated 

2 will be exhausted. 

3 ‘‘(d) CONTRACTS.— 

4 ‘‘(1) INFORMATION.—Not later than 10 days 

5 after the first day of each month, the Administrator 

6 shall publish on the Agency’s website the specifics of 

7 each contract in excess of $1,000,000 that the Agency 

8 enters into, including— 

9 ‘‘(A) the name of the party; 

10 ‘‘(B) the date the contract was awarded; 

11 ‘‘(C) the amount of the contract, the scope 

12 of the contract; 

13 ‘‘(D) if the contract was awarded through 

14 competitive bidding process; 

15 ‘‘(E) if no competitive bidding process was 

16 used, the reason why competitive bidding was 

17 not used; and 

18 ‘‘(F) the authority used to bypass the com19 petitive bidding process. 

20 The information shall be delineated by disaster, if ap21 plicable, and specify the damage category code, if ap22 plicable. 

23 ‘‘(2) REPORT.—Not later than 10 days after the 

24 last day of the fiscal year, the Administrator shall 

25 provide a report to the appropriate committees of 


lotter on DSKBCFDHB2PROD with BILLS
50 

•HR 4460 RH

1 Congress summarizing the following information for 

2 the preceding fiscal year: 

3 ‘‘(A) The number of contracts awarded 

4 without competitive bidding. 

5 ‘‘(B) The reasons why a competitive bidding 

6 process was not used. 

7 ‘‘(C) The total amount of contracts awarded 

8 with no competitive bidding. 

9 ‘‘(D) The damage category codes, if applica10 ble, for contracts awarded without competitive 

11 bidding.’’. 

12 SEC. 306. AUDIT OF CONTRACTS. 

13 Notwithstanding any other provision of law, the Ad14 ministrator of the Federal Emergency Management Agency 

15 shall not reimburse a State, Tribe, or local government or 

16 the owner or operator of a private nonprofit facility for any 

17 activities made pursuant to a contract entered into after 

18 August 1, 2017, that prohibits the Administrator or the 

19 Comptroller General of the United States from auditing or 

20 otherwise reviewing all aspects relating to the contract. 

21 SEC. 307. INSPECTOR GENERAL AUDIT OF FEMA CON22 TRACTS FOR TARPS AND PLASTIC SHEETING. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date of enactment of this Act, the inspector general of the 

25 Department of Homeland Security shall initiate an audit 


lotter on DSKBCFDHB2PROD with BILLS
51 

•HR 4460 RH

1 of the contracts awarded by the Federal Emergency Man2 agement Agency (in this section referred to as ‘‘FEMA’’) 

3 for tarps and plastic sheeting for the Commonwealth of 

4 Puerto Rico and the Virgin Islands of the United States 

5 in response to Hurricane Irma and Hurricane Maria. 

6 (b) CONSIDERATIONS.—In carrying out the audit 

7 under subsection (a), the inspector general shall review— 

8 (1) the contracting process used by FEMA to 

9 evaluate offerors and award the relevant contracts to 

10 contractors; 

11 (2) FEMA’s assessment of the past performance 

12 of the contractors, including any historical informa13 tion showing that the contractors had supported 

14 large-scale delivery quantities in the past; 

15 (3) FEMA’s assessment of the capacity of the 

16 contractors to carry out the relevant contracts, includ17 ing with respect to inventory, production, and finan18 cial capabilities; 

19 (4) how FEMA ensured that the contractors met 

20 the terms of the relevant contracts; and 

21 (5) whether the failure of the contractors to meet 

22 the terms of the relevant contracts and FEMA’s subse23 quent cancellation of the relevant contracts affected 

24 the provision of tarps and plastic sheeting to the 


lotter on DSKBCFDHB2PROD with BILLS
52 

•HR 4460 RH

1 Commonwealth of Puerto Rico and the Virgin Islands 

2 of the United States. 

3 (c) REPORT.—Not later than 180 days after the date 

4 of initiation of the audit under subsection (a), the inspector 

5 general shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and the 

7 Committee on Homeland Security and Governmental Af8 fairs of the Senate a report on the results of the audit, in9 cluding findings and recommendations. 

10 SEC. 308. RELIEF ORGANIZATIONS. 

11 Section 309 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5152) is amend13 ed— 

14 (1) in subsection (a), by striking ‘‘and other re15 lief or’’ and inserting ‘‘long-term recovery groups, and 

16 other relief, domestic hunger relief, or’’; and 

17 (2) in subsection (b), by striking ‘‘and other re18 lief or’’ and inserting ‘‘long-term recovery groups, and 

19 other relief, domestic hunger relief, or’’. 

20 SEC. 309. GUIDANCE ON INUNDATED AND SUBMERGED 

21 ROADS. 

22 The Administrator of the Federal Emergency Manage23 ment Agency, in coordination with the Administrator of the 

24 Federal Highway Administration, shall develop and issue 

25 guidance for State, local, and Tribal governments regarding 


lotter on DSKBCFDHB2PROD with BILLS
53 

•HR 4460 RH

1 repair, restoration, and replacement of inundated and sub2 merged roads damaged or destroyed by a major disaster, 

3 and for associated expenses incurred by the Government, 

4 with respect to roads eligible for assistance under section 

5 406 of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5172). 


lotter on DSKBCFDHB2PROD with BILLS
Union Calendar No. 850 

115TH CONGRESS 

2D SESSION H. R. 4460 

[Report No. 115–1098, Part I] 

A BILL 

To improve the provision of disaster and mitigation 

nizations, and for other purposes. governments and certain private nonprofit orgaand to eligible State, local, Tribal, and territorial assistance to eligible individuals and households 

DECEMBER 21, 2018 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

DECEMBER 21, 2018 

Committee on Financial Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


lotter on DSKBCFDHB2PROD with BILLS