[House Report 116-580]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-580
======================================================================
FEMA ASSISTANCE RELIEF ACT OF 2020
_______
November 16, 2020.--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. 8266]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8266) to modify the Federal cost
share of certain emergency assistance provided under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, to
modify the activities eligible for assistance under the
emergency declaration issued by the President on March 13,
2020, relating to COVID-19, and for other purposes, 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.............................. 4
Hearings......................................................... 5
Legislative History and Consideration............................ 5
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
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 ``FEMA Assistance Relief Act of 2020''.
SEC. 2. COST SHARE.
(a) Temporary Federal Share.--Notwithstanding sections 403(b),
403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 428(e)(2)(B), and 503(a)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), for any emergency or major disaster declared
by the President under such Act during the period beginning on January
1, 2020 and ending on December 31, 2020, the Federal share of
assistance provided under such sections shall be not less than 90
percent of the eligible cost of such assistance.
(b) Cost Share Under COVID Emergency Declaration.--Notwithstanding
subsection (a), assistance provided under the emergency declaration
issued by the President on March 13, 2020, pursuant to section 501(b)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191(b)), and under any subsequent major disaster
declaration under section 401 of such Act (42 U.S.C. 5170) that
supersedes such emergency declaration, shall be at a 100 percent
Federal cost share.
SEC. 3. CLARIFICATION OF ASSISTANCE.
(a) In General.--For the emergency declared on March 13, 2020 by the
President under section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191), the President may
provide assistance for activities, costs, and purchases of States,
Indian tribal governments, or local governments, including--
(1) activities eligible for assistance under sections 301,
415, 416, and 426 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 5189d);
(2) backfill costs for first responders and other essential
employees who are ill or quarantined;
(3) increased operating costs for essential government
services due to such emergency, including costs for
implementing continuity plans, and sheltering or housing for
first responders, emergency managers, health providers and
other essential employees;
(4) costs of providing guidance and information to the public
and for call centers to disseminate such guidance and
information, including private nonprofit organizations;
(5) costs associated with establishing and operating virtual
services;
(6) costs for establishing and operating remote test sites,
including comprehensive community based testing;
(7) training provided specifically in anticipation of or in
response to the event on which such emergency declaration is
predicated;
(8) personal protective equipment and other critical supplies
and services for first responders and other essential
employees, including individuals working in public schools,
courthouses, law enforcement, and public transit systems;
(9) medical equipment, regardless of whether such equipment
is used for emergency or inpatient care;
(10) public health costs, including provision and
distribution of medicine and medical supplies;
(11) costs associated with maintaining alternate care
facilities or related facilities currently inactive but related
to future needs tied to the ongoing pandemic event;
(12) costs of establishing and operating shelters and
providing services, including transportation, that help
alleviate the need of individuals for shelter; and
(13) costs, including costs incurred by private nonprofit
organizations, of procuring and distributing food to
individuals affected by the pandemic through networks
established by State, local, or Tribal governments, or other
organizations, including restaurants and farms, and for the
purchase of food directly from food producers and farmers.
(b) Application to Subsequent Major Disaster.--The activities
described in subsection (a) may also be eligible for assistance under
any major disaster declared by the President under section 401 of such
Act (42 U.S.C. 5170) that supersedes the emergency declaration
described in such subsection.
(c) Financial Assistance for Funeral Expenses.--For any emergency or
major disaster described in subsection (a) or (b), the President shall
provide financial assistance to an individual or household to meet
disaster-related funeral expenses under section 408(e)(1) of such Act
(42 U.S.C. 5174(e)).
(d) Advanced Assistance.--
(1) In General.--In order to facilitate activities under this
section, the President, acting through the Administrator of the Federal
Emergency Management Agency, may provide assistance in advance to an
eligible applicant if a failure to do so would prevent the applicant
from carrying out such activities.
(2) Annual Report.--The Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs a
report on assistance provided in advance pursuant to paragraph (1).
(3) Audit by Department of Homeland Security Inspector General.--Not
later than 1 year after the date of enactment of this Act, the
Inspector General of the Department of Homeland Security shall conduct
a follow-up review of assistance provided in advance pursuant to
paragraph (1).
(4) Review.--The audit under paragraph (2) shall include, at a
minimum--
(A) a review of the assumptions and methodologies used to
determine eligibility for advanced assistance; and
(B) a determination of whether the advanced assistance was
used appropriately.
(5) Report to Congress.--The Inspector General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the review carried out
under this subsection.
(e) Rule of Construction.--Nothing in this section shall be construed
to make ineligible any assistance that would otherwise be eligible
under section 403, 408, or 502 of such Act (42 U.S.C. 5170b, 5192).
(f) State; Indian Tribal Government; Local Government Defined.--In
this section, the terms ``State'', ``Indian tribal government'', and
``local government'' have the meanings given such terms in section 102
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
SEC. 4. HAZARD MITIGATION ASSISTANCE.
For all States or Indian tribal governments, as such terms are
defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122), receiving an emergency
declaration on March 13, 2020 by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191), and a major disaster declared by the President under
section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency
declaration, the President shall approve the availability of hazard
mitigation assistance pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) as part
of such major disaster declarations, if requested.
SEC. 5. REPORT ON STAFFORD ACT RESPONSE CAPABILITIES.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall seek to
enter into an agreement with the National Academy of Sciences to
convene a committee of experts to conduct a comprehensive study on the
use of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) to respond to an emergency which does not
cause physical damages, such as the emergency declaration issued by the
President on March 13, 2020, including--
(1) how non-physical damages can be quantified;
(2) consideration of any factors that allow for an adjustment
of cost shares;
(3) recommendations to Congress on thresholds or criteria to
be met to trigger a future declaration; and
(4) other items that the Administrator determines necessary
to increase future preparedness to such events.
SEC. 6. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408(f)(3)(J)(iii) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(f)(3)(J)(iii)) is amended
by striking ``2 years'' and inserting ``3 years''.
Purpose of Legislation
The purpose of H.R. 8266, as amended, is to modify the
Federal cost share of certain assistance provided under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, to modify the activities eligible for assistance under the
emergency declaration issued by the President on March 13,
2020, relating to COVID-19, and for other purposes.
Background and Need for Legislation
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act, P.L. 93-288 as amended)
authorizes the President to make assistance available via the
Federal Emergency Management Agency (FEMA) to supplement state,
tribal, territorial, and local (STTL) efforts to respond to and
recover from an incident that exceeds all available resources
and overwhelms STTL governments. FEMA's Public Assistance (PA)
program provides Federal help, typically through reimbursement,
to STTL governments and certain private non-profit
organizations for emergency and/or permanent work. PA
eligibility is based on work and damage which occurred as a
direct result of the incident that resulted in a Presidential
declaration of Emergency or Major Disaster. FEMA covers no less
than 75 percent of the cost of eligible PA projects. The
Stafford Act and 44 CFR Sec. 206.47 provides the President the
authority and guidance to adjust the cost share requirement for
the Public Assistance program.
Calendar year 2020 has been unprecedented for STTL
governments facing a record-setting number of natural
disasters\1\ while simultaneously fighting the COVID-19
pandemic. Fiscal resources at the STTL levels are being
impacted by disaster response and public health costs, while
also facing declines in revenues that fund services for
healthcare, education, public safety, transportation, and other
vital programs as a result of necessary measures taken to
combat COVID-19 and slow its spread.\2\
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\1\See National Oceanic and Atmospheric Administration, National
Centers for Environmental Information, ``Billion-Dollar Weather and
Climate Disasters: Overview''. Available at https://www.ncdc.noaa.gov/
billions/; Thompson, Andrea. Scientific American. ``A Running List of
Record-Breaking Natural Disasters in 2020''. Available at https://
www.scientificamerican.com/article/a-running-list-of-record-breaking-
natural-disasters-in-2020/.
\2\Davidson, Kate and David Harrison. Wall Street Journal.
``Coronavirus-Hit State Budgets Create a Drag on U.S. Recovery''.
August 12, 2020. Available at https://www.wsj.com/articles/coronavirus-
hit-state-budgets-create-a-drag-on-u-s-recovery-11597224600.
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H.R. 8266, as amended, increases the Federal share from 75
percent to not less than 90 percent for emergencies and
disasters declared by the President in calendar year 2020.
Further, for COVID-19-related declarations--for which the
President invoked Section 501(b) of the Stafford Act, which
explicitly states ``the United States exercises exclusive or
preeminent responsibility and authority''--the bill increases
the Federal share to 100 percent.
Additionally, the bill clarifies eligibility for certain
services and activities undertaken to combat COVID-19 and
protect public health, including personal protective equipment
(PPE) and disinfecting services for front-line public sector
employees and facilities, including first responders,
courthouses, public schools, and public transit.
Given the lack of physical damages during COVID-19, the
bill, as amended, also directs FEMA to enter into an agreement
with the National Academy of Sciences to convene a committee to
conduct a study on the use of the Stafford Act to respond to an
event which does not cause physical damages. The results of
this study could help to inform the use of Stafford Act
authorities for future events without physical damages and
whether any policy or legislative reforms may be necessary.
Finally, the bill authorizes FEMA to provide assistance in
advance in certain circumstances. FEMA must provide reports to
the Committee when this occurs and the Inspector General of the
Department of Homeland Security is required to audit such
assistance.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
(1) The following hearing was used to develop or
consider H.R. 8266;
On October 22, 2019, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing entitled ``An Assessment of Federal Recovery Efforts
from Recent Disasters.'' The Subcommittee received testimony
from Mr. Jeffrey Byard, Associate Administrator, Office of
Response and Recovery, Federal Emergency Management Agency,
Department of Homeland Security; Mr. Dennis Alvord, Deputy
Assistant Secretary, Economic Development Administration, U.S.
Department of Commerce; Mr. Chris P. Currie, Director, Homeland
Security and Justice, U.S. Government Accountability Office;
Mr. Mike Sprayberry, Director, Emergency Management, Department
of Public Safety, State of North Carolina, testifying on behalf
of the National Emergency Management Association; Hon. Fernando
Gil-Ensenat, Secretary, Department of Housing, Commonwealth of
Puerto Rico; Ms. Rhonda Wiley, Emergency Management/911
Director/Floodplain Administrator, Atchison County, State of
Missouri; and Mr. Reese C. May, Chief Strategy and Innovation
Officer, The Saint Bernard Project. The Department of Housing
and Urban Development submitted a statement for the record.
(2) The following related hearings were held:
On March 11, 2020, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing entitled ``FEMA's Priorities for 2020 and Beyond:
Coordinating Mission and Vision.'' The Subcommittee received
testimony from Hon. Peter T. Gaynor, Administrator, Federal
Emergency Management Agency, Department of Homeland Security.
Legislative History and Consideration
H.R. 8266 was introduced in the House on September 16,
2020, by Mr. DeFazio and 34 original cosponsors and referred to
the Committee on Transportation and Infrastructure.
Within the Committee, H.R. 8266 was referred to the
Subcommittee on Economic Development, Public Buildings, and
Emergency Management.
On September 30, 2020, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management was
discharged from further consideration of H.R. 8266.
The Committee met in open session on September 30, 2020, to
consider H.R. 8266, and ordered the measure to be reported to
the House with a favorable recommendation, as amended, by voice
vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
DeFazio (#1); was AGREED TO, as amended, by voice vote.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Mucarsel-Powell (#1A) was AGREED TO by voice
vote.
Page 5 after line 22, insert a new section entitled ``Sec
4. Hazard Mitigation Assistance.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of Louisiana (#1B) was NOT
AGREED TO by voice vote. Consisting of the following
amendments:
An amendment--Page 2, line 5, strike ``shall be at a 100
percent Federal cost share'' and insert ``may be at a 100
percent Federal cost share in any area that has experienced a
severe local impact or recent multiple major disasters or
emergencies, applying the same considerations as carried out by
the Administrator of the Federal Emergency Management Agency
under section 1232 of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5170 note) and as determined appropriate by the
Administrator''.
An amendment--Page 1, line 14, strike the period and insert
``in any area that has experienced a severe local impact or
recent multiple major disasters or emergencies in accordance
with section 1232 of the Disaster Recovery Reform Act of 2018
(Public Law 115-254), as determined by the Administrator of the
Federal Emergency Management Agency.''
An amendment--On page 5, after line 22, insert a new
section entitled ``Sec. 4. Local Impact.''
An amendment--Page 2, strike line 20 and all that follows
through page 3, line 6 and insert the following:
(3) reasonable increased operating costs for essential government
services directly due to such emergency, including costs for
implementing continuity plans, and sheltering or housing for first
responders, emergency managers, health providers, and other essential
employees;
(4) costs of providing guidance and information to the public and for
call centers to disseminate such guidance and information, including
private nonprofit organizations;
(5) reasonable costs associated with establishing and operating virtual
services directly due to such emergency;
An amendment--On page 5, after line 22, insert new sections
entitled ``Sec. 4. Definitions.''; Sec. 5. Removal of Debris
Resulting from a Major Disaster in Residential Common Interest
Communities.''; ``Sec. 6. Condominiums and Housing Cooperatives
by a Major Disaster.''; and ``Sec. 6. Applicability.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Graves of Louisiana (#1C) was AGREED
TO by voice vote. Consisting of the following amendments:
An amendment--Page 5, after line 12, insert the following
new subsections: ``(3) Audit by Department of Homeland Security
Inspector General.''; ``(4) Review.''; and ``(5) Report to
Congress.''
An amendment--Page 3, line 16, insert ``law enforcement,''
before ``and''.
An amendment--On page 5, after line 22, insert a new
section entitled ``Sec. 4. Report on Stafford Act Response
Capabilities.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1D) was NOT AGREED TO by
voice vote.
At the end of the bill add new sections entitled ``Sec. 4.
Unmet Need Assistance.''; ``Sec. 5. Repair and Rebuilding.'';
and ``Sec. 6. Review by Comptroller General.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1E) was NOT AGREED TO by
voice vote.
Page 5, after line 22, insert a new section entitled ``Sec.
4. Duplication of Benefits.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1F) was AGREED TO by voice
vote.
Page 5, after line 22, insert a new section entitled ``Sec.
4. Federal Assistance to Individuals and Households.''
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 8266, as amended.
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 reduce
the financial burden on state, tribal, local, and territorial
governments by increasing the Federal cost share for all
disasters declared during calendar year 2020.
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. 8266, 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. 8266, 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
``FEMA Assistance Relief Act of 2020''.
Sec. 2. Cost share
This section states that the Federal share of assistance
provided pursuant to sections 403(b), 403(c)(4), 404(a),
406(b), 408(d), 408(g)(2), 428(e)(2)(B), and 503(a) of the
Stafford Act for any emergency or major disaster declared by
the President between January 1, 2020 and December 31, 2020
shall be not less than 90 percent of the eligible cost of such
assistance. The section also states that assistance provided
under the emergency declaration issued by the President on
March 13, 2020, pursuant to section 501(b) of the Stafford Act
and any subsequent major disaster declaration under section 401
of the Act that supersedes such emergency declaration, shall be
at a 100 percent Federal cost share.
Sec. 3. Clarification of assistance
This section clarifies that the President may provide
assistance for activities, costs, and purchases of states,
tribal governments, territorial, or local governments,
including but not limited to, backfill costs for first
responders and other essential employees who are ill or
quarantined, increased operating costs for essential government
services, costs of providing guidance and information to the
public, costs associated with establishing and operating
virtual services, costs for establishing and operating remote
test sites, personal protective equipment and other critical
supplies and services for first responders--including law
enforcement--and other essential employees, including
individuals working in public schools, courthouses, and public
transit systems, medical equipment, public health costs, and
costs associated with maintaining alternate care facilities.
Additionally, it requires limited Federal assistance to cover
funeral costs of COVID-19-related deaths.
Sec. 4. Hazard Mitigation assistance
This section approves Hazard Mitigation Grant Program
assistance for all states and tribal governments that applied
for such assistance as part of their major disaster declaration
request to fight the COVID-19 pandemic.
Sec. 5. Report on Stafford Act response capabilities
This section directs the FEMA Administrator to enter into
an agreement with the National Academy of Sciences to convene a
committee to conduct a study on the use of the Stafford Act to
respond to an emergency which does not cause physical damages.
Sec. 6. Federal assistance to individuals and households
This section amends Section 408(f)(3)(J)(iii) of the
Stafford Act by extending the FEMA Administrator's authority to
implement pilot programs and waive notice and comment
rulemaking from two years to three years, with a new expiration
date of October 5, 2021.
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 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; and
(ii) eligible hazard mitigation
measures that reduce the likelihood of
future damage to such residences,
utilities, or infrastructure.
(B) Relationship to other assistance.--A
recipient of assistance provided under this
paragraph shall not be required to show that
the assistance can be met through other means,
except insurance proceeds.
(3) Replacement.--
(A) In general.--The President may provide
financial assistance for the replacement of
owner-occupied private residences damaged by a
major disaster.
(B) Applicability of flood insurance
requirement.--With respect to assistance
provided under this paragraph, the President
may not waive any provision of Federal law
requiring the purchase of flood insurance as a
condition of the receipt of Federal disaster
assistance.
(4) Permanent housing construction.--The President
may provide financial assistance or direct assistance
to individuals or households to construct permanent or
semi-permanent housing in insular areas outside the
continental United States and in other locations in
cases in which--
(A) no alternative housing resources are
available; and
(B) the types of temporary housing assistance
described in paragraph (1) are unavailable,
infeasible, or not cost-effective.
(d) Terms and Conditions Relating to Housing Assistance.--
(1) Sites.--
(A) In general.--Any readily fabricated
dwelling provided under this section shall,
whenever practicable, be located on a site
that--
(i) is complete with utilities;
(ii) meets the physical accessibility
requirements for individuals with
disabilities; and
(iii) is provided by the State or
local government, by the owner of the
site, or by the occupant who was
displaced by the major disaster.
(B) Sites provided by the president.--A
readily fabricated dwelling may be located on a
site provided by the President if the President
determines that such a site would be more
economical or accessible.
(2) Disposal of units.--
(A) Sale to occupants.--
(i) In general.--Notwithstanding any
other provision of law, a temporary
housing unit purchased under this
section by the President for the
purpose of housing disaster victims may
be sold directly to the individual or
household who is occupying the unit if
the individual or household lacks
permanent housing.
(ii) Sale price.--A sale of a
temporary housing unit under clause (i)
shall be at a price that is fair and
equitable.
(iii) Deposit of proceeds.--
Notwithstanding any other provision of
law, the proceeds of a sale under
clause (i) shall be deposited in the
appropriate Disaster Relief Fund
account.
(iv) Hazard and flood insurance.--A
sale of a temporary housing unit under
clause (i) shall be made on the
condition that the individual or
household purchasing the housing unit
agrees to obtain and maintain hazard
and flood insurance on the housing
unit.
(v) Use of gsa services.--The
President may use the services of the
General Services Administration to
accomplish a sale under clause (i).
(B) Other methods of disposal.--If not
disposed of under subparagraph (A), a temporary
housing unit purchased under this section by
the President for the purpose of housing
disaster victims--
(i) may be sold to any person; or
(ii) may be sold, transferred,
donated, or otherwise made available
directly to a State or other
governmental entity or to a voluntary
organization for the sole purpose of
providing temporary housing to disaster
victims in major disasters and
emergencies if, as a condition of the
sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees--
(I) to comply with the
nondiscrimination provisions of
section 308; and
(II) to obtain and maintain
hazard and flood insurance on
the housing unit.
(e) Financial Assistance To Address Other Needs.--
(1) Medical, dental, child care, and funeral
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household in the
State who is adversely affected by a major disaster to
meet disaster-related medical, dental, child care, and
funeral expenses.
(2) Personal property, transportation, and other
expenses.--The President, in consultation with the
Governor of a State, may provide financial assistance
under this section to an individual or household
described in paragraph (1) to address personal
property, transportation, and other necessary expenses
or serious needs resulting from the major disaster.
(f) State Role.--
(1) State- or indian tribal government-administered
assistance and other needs assistance.--
(A) Grant to state.--Subject to subsection
(g), a Governor may request a grant from the
President to provide assistance to individuals
and households in the State under subsections
(c)(1)(B), (c)(4), and (e) if the President and
the State or Indian tribal government comply,
as determined by the Administrator, with
paragraph (3).
(B) Administrative costs.--A State that
receives a grant under subparagraph (A) may
expend not more than 5 percent of the amount of
the grant for the administrative costs of
providing assistance to individuals and
households in the State under subsections
(c)(1)(B), (c)(4), and (e).
(2) Access to records.--In providing assistance to
individuals and households under this section, the
President shall provide for the substantial and ongoing
involvement of the States in which the individuals and
households are located, including by providing to the
States access to the electronic records of individuals
and households receiving assistance under this section
in order for the States to make available any
additional State and local assistance to the
individuals and households.
(3) Requirements.--
(A) Application.--A State or Indian tribal
government desiring to provide assistance under
subsection (c)(1)(B), (c)(4), or (e) shall
submit to the President an application for a
grant to provide financial assistance under the
program.
(B) Criteria.--The President, in consultation
and coordination with State and Indian tribal
governments, shall establish criteria for the
approval of applications submitted under
subparagraph (A). The criteria shall include,
at a minimum--
(i) a requirement that the State or
Indian tribal government submit a
housing strategy under subparagraph
(C);
(ii) the demonstrated ability of the
State or Indian tribal government to
manage the program under this section;
(iii) there being in effect a plan
approved by the President as to how the
State or Indian tribal government will
comply with applicable Federal laws and
regulations and how the State or Indian
tribal government will provide
assistance under its plan;
(iv) a requirement that the State or
Indian tribal government comply with
rules and regulations established
pursuant to subsection (j); and
(v) a requirement that the President,
or the designee of the President,
comply with subsection (i).
(C) Requirement of housing strategy.--
(i) In general.--A State or Indian
tribal government submitting an
application under this paragraph shall
have an approved housing strategy,
which shall be developed and submitted
to the President for approval.
(ii) Requirements.--The housing
strategy required under clause (i)
shall--
(I) outline the approach of
the State in working with
Federal partners, Indian tribal
governments, local communities,
nongovernmental organizations,
and individual disaster
survivors to meet disaster-
related sheltering and housing
needs; and
(II) include the
establishment of an activation
plan for a State Disaster
Housing Task Force, as outlined
in the National Disaster
Housing Strategy, to bring
together State, tribal, local,
Federal, nongovernmental, and
private sector expertise to
evaluate housing requirements,
consider potential solutions,
recognize special needs
populations, and propose
recommendations.
(D) Quality assurance.--Before approving an
application submitted under this section, the
President, or the designee of the President,
shall institute adequate policies, procedures,
and internal controls to prevent waste, fraud,
abuse, and program mismanagement for this
program and for programs under subsections
(c)(1)(B), (c)(4), and (e). The President shall
monitor and conduct quality assurance
activities on a State or Indian tribal
government's implementation of programs under
subsections (c)(1)(B), (c)(4), and (e). If,
after approving an application of a State or
Indian tribal government submitted under this
paragraph, the President determines that the
State or Indian tribal government is not
administering the program established by this
section in a manner satisfactory to the
President, the President shall withdraw the
approval.
(E) Audits.--The Inspector General of the
Department of Homeland Security shall provide
for periodic audits of the programs
administered by States and Indian tribal
governments under this subsection.
(F) Applicable laws.--All Federal laws
applicable to the management, administration,
or contracting of the programs by the Federal
Emergency Management Agency under this section
shall be applicable to the management,
administration, or contracting by a non-Federal
entity under this section.
(G) Report on effectiveness.--Not later than
18 months after the date of enactment of this
paragraph, the Inspector General of the
Department of Homeland Security shall submit a
report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives on the State or
Indian tribal government's role to provide
assistance under this section. The report shall
contain an assessment of the effectiveness of
the State or Indian tribal government's role in
providing assistance under this section,
including--
(i) whether the State or Indian
tribal government's role helped to
improve the general speed of disaster
recovery;
(ii) whether the State or Indian
tribal government providing assistance
under this section had the capacity to
administer this section; and
(iii) recommendations for changes to
improve the program if the State or
Indian tribal government's role to
administer the programs should be
continued.
(H) Report on incentives.--Not later than 12
months after the date of enactment of this
paragraph, the Administrator of the Federal
Emergency Management Agency shall submit a
report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives on a potential
incentive structure for awards made under this
section to encourage participation by eligible
States and Indian tribal governments. In
developing this report, the Administrator of
the Federal Emergency Management Agency shall
consult with State, local, and Indian tribal
entities to gain their input on any such
incentive structure to encourage participation
and shall include this information in the
report. This report should address, among other
options, potential adjustments to the cost-
share requirement and management costs to State
and Indian tribal governments.
(I) Prohibition.--The President may not
condition the provision of Federal assistance
under this Act on a State or Indian tribal
government requesting a grant under this
section.
(J) Miscellaneous.--
(i) Notice and comment.--The
Administrator of the Federal Emergency
Management Agency may waive notice and
comment rulemaking with respect to
rules to carry out this section, if the
Administrator determines doing so is
necessary to expeditiously implement
this section, and may carry out this
section as a pilot program until such
regulations are promulgated.
(ii) Final rule.--Not later than 2
years after the date of enactment of
this paragraph, the Administrator of
the Federal Emergency Management Agency
shall issue final regulations to
implement this subsection as amended by
the Disaster Recovery Reform Act of
2018.
(iii) Waiver and expiration.--The
authority under clause (i) and any
pilot program implemented pursuant to
such clause shall expire [2 years] 3
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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