[House Report 117-461]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-461

======================================================================

 
                    EXPEDITING DISASTER RECOVERY ACT

                                _______
                                

 September 13, 2022.--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. 5774]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5774) 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, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Legislative History and Consideration............................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Expediting Disaster Recovery Act''.

SEC. 2. UNMET NEED ASSISTANCE.

  (a) In General.--Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act is amended by adding at the end the 
following:

``SEC. 431. UNMET NEEDS ASSISTANCE.

  ``(a) In General.--After the declaration of a major disaster, the 
President may direct the Administrator of the Federal 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.''.
  (b) Applicability.--This section and the amendments made by this 
section shall apply to funds appropriated on or after the date of 
enactment of this Act.

SEC. 3. REPAIR AND REBUILDING.

  Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174) is amended--
          (1) in paragraph (2)--
                  (A) in subparagraph (A)(i) by striking ``to a safe 
                and sanitary living or functioning condition'' and 
                inserting ``to ensure that their home is habitable 
                during longer term recovery'';
                  (B) in subparagraph (B) by striking ``A recipient 
                of'' and inserting ``(i) Evidence of other means of 
                assistance.--A recipient of''; and
                  (C) by adding at the end the following:
                  ``(ii) Coordination with other assistance.--
                Assistance allowed under this paragraph may be used in 
                coordination with other sources for the repair and 
                rebuilding of an owner-occupied residence.''; and
          (2) in paragraph (4) by striking ``in cases in which'' and 
        all that follows through the end of the paragraph and inserting 
        ``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.''.

SEC. 4. REVIEW BY COMPTROLLER GENERAL.

  Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a review on the 
fiscal controls by States that receive funds under section 431 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act and 
shall make recommendations to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives.

SEC. 5. DUPLICATION OF BENEFITS.

  Section 312(b)(4) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at 
the end the following:
                  ``(D) Limitation on use of income criteria.--In 
                carrying out subparagraph (A), the President may not 
                impose additional income criteria on a potential grant 
                recipient who has accepted a qualified disaster loan in 
                determining eligibility for duplications of benefit 
                relief.''.

                         Purpose of Legislation

    The purpose of H.R. 5774, as amended, 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. 5774 as amended 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 
Administrator of the Federal Emergency Management Agency (FEMA) 
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. 5774 as amended 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 rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearing was used to develop or 
consider H.R. 5774:
    On February 16, 2022, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled, ``FEMA Priorities for 2022: Stakeholder 
Perspectives.'' The Subcommittee received testimony from Mr. 
Chris Currie, Director, Homeland Security and Justice, U.S. 
Government Accountability Office; Ms. Erica Bornemann, 
Director, Vermont Emergency Management, on behalf of the 
National Emergency Management Association; and Ms. Carolyn 
Harshman, President, International Association of Emergency 
Managers.
    This hearing allowed Members to receive testimony from 
witnesses who are emergency management experts and represent 
key external FEMA stakeholders to gauge their perspective 
regarding what efforts the agency should prioritize in this 
year.

                 Legislative History and Consideration

    H.R. 5774, the ``Expediting Disaster Recovery Act,'' was 
introduced on October 28, 2021, by Mr. Graves of Louisiana and 
Ms. Plaskett and referred to the Committee on Transportation 
and Infrastructure. Within the Committee, H.R. 5774 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. 5774 on June 15, 2022.
    The Committee considered H.R. 5774 on June 15, 2022, and 
ordered the measure to be favorably reported to the House, as 
amended, by voice vote.
    The following amendments were offered:
    An amendment to H.R. 5774 offered by Mr. Graves of 
Louisiana (#1); was AGREED TO by voice vote.
    At the end of the bill, add the following: Sec. __. 
Duplication of Benefits

                            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.
    No record votes were requested during consideration of H.R. 
5774.

                      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

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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 requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               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, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    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. 5774 as amended 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

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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. 5774 as amended 
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. Short title

    This section provides that this bill may be cited as the 
``Expediting Disaster Recovery Act''.

Sec. 2. Unmet need 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 FEMA 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 3. 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 4. 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.

Sec. 5. Duplication of benefits

    This section amends section 312(b)(4) of the Stafford Act 
to clarify that additional income criteria should not be 
imposed on a potential grant recipient who has accepted a 
qualified disaster loan in determining eligibility for 
duplication of benefit relief.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT



           *       *       *       *       *       *       *
TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


SEC. 312. DUPLICATION OF BENEFITS.

  (a) General Prohibition.--The President, in consultation with 
the head of each Federal agency administering any program 
providing financial assistance to persons, business concerns, 
or other entities suffering losses as a result of a major 
disaster or emergency, shall assure that no such person, 
business concern, or other entity will receive such assistance 
with respect to any part of such loss as to which he has 
received financial assistance under any other program or from 
insurance or any other source.
  (b) Special Rules.--
          (1) Limitation.--This section shall not prohibit the 
        provision of Federal assistance to a person who is or 
        may be entitled to receive benefits for the same 
        purposes from another source if such person has not 
        received such other benefits by the time of application 
        for Federal assistance and if such person agrees to 
        repay all duplicative assistance to the agency 
        providing the Federal assistance.
          (2) Procedures.--The President shall establish such 
        procedures as the President considers necessary to 
        ensure uniformity in preventing duplication of 
        benefits.
          (3) Effect of partial benefits.--Receipt of partial 
        benefits for a major disaster or emergency shall not 
        preclude provision of additional Federal assistance for 
        any part of a loss or need for which benefits have not 
        been provided.
          (4) Waiver of general prohibition.--
                  (A) In general.--The President may waive the 
                general prohibition provided in subsection (a) 
                upon request of a Governor on behalf of the 
                State or on behalf of a person, business 
                concern, or any other entity suffering losses 
                as a result of a major disaster or emergency, 
                if the President finds such waiver is in the 
                public interest and will not result in waste, 
                fraud, or abuse. In making this decision, the 
                President may consider the following:
                          (i) The recommendations of the 
                        Administrator of the Federal Emergency 
                        Management Agency made in consultation 
                        with the Federal agency or agencies 
                        administering the duplicative program.
                          (ii) If a waiver is granted, the 
                        assistance to be funded is cost 
                        effective.
                          (iii) Equity and good conscience.
                          (iv) Other matters of public policy 
                        considered appropriate by the 
                        President.
                  (B) Grant or denial of waiver.--A request 
                under subparagraph (A) shall be granted or 
                denied not later than 45 days after submission 
                of such request.
                  (C) Prohibition on determination that loan is 
                a duplication.--Notwithstanding subsection (c), 
                in carrying out subparagraph (A), the President 
                may not determine that a loan is a duplication 
                of assistance, provided that all Federal 
                assistance is used toward a loss suffered as a 
                result of the major disaster or emergency.
                  (D) Limitation on use of income criteria.--In 
                carrying out subparagraph (A), the President 
                may not impose additional income criteria on a 
                potential grant recipient who has accepted a 
                qualified disaster loan in determining 
                eligibility for duplications of benefit relief.
  (c) Recovery of Duplicative Benefits.--A person receiving 
Federal assistance for a major disaster or emergency shall be 
liable to the United States to the extent that such assistance 
duplicates benefits available to the person for the same 
purpose from another source. The agency which provided the 
duplicative assistance shall collect such duplicative 
assistance from the recipient in accordance with chapter 37 of 
title 31, United States Code, relating to debt collection, when 
the head of such agency considers it to be in the best interest 
of the Federal Government.
  (d) Assistance Not Income.--Federal major disaster and 
emergency assistance provided to individuals and families under 
this Act, and comparable disaster assistance provided by 
States, local governments, and disaster assistance 
organizations, shall not be considered as income or a resource 
when determining eligibility for or benefit levels under 
federally funded income assistance or resource-tested benefit 
programs.

           *       *       *       *       *       *       *


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; 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] (i) Evidence of other Means of 
                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.
                  (ii) Coordination with other assistance.--
                Assistance allowed under this paragraph may be 
                used in coordination with other sources for the 
                repair and rebuilding of an owner-occupied 
                residence.
          (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--
                  [(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.] 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.
  (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 Federal 
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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