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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 707 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                       October 5 (legislative day, September 22), 2000.
      Resolved, That the Senate agree to the amendment of the House of 
Representatives to the amendment of the Senate to the bill (H.R. 707) 
entitled ``An Act to amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to authorize a program for predisaster 
mitigation, to streamline the administration of disaster relief, to 
control the Federal costs of disaster assistance, and for other 
purposes.'', with the following

        SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the House 
      amendment, insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster 
Mitigation Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private 
                            structures.

               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State 
                            employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency 
                            management.

                 TITLE I--PREDISASTER HAZARD MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) natural disasters, including earthquakes, tsunamis, 
        tornadoes, hurricanes, flooding, and wildfires, pose great 
        danger to human life and to property throughout the United 
        States;
            (2) greater emphasis needs to be placed on--
                    (A) identifying and assessing the risks to States 
                and local governments (including Indian tribes) from 
                natural disasters;
                    (B) implementing adequate measures to reduce losses 
                from natural disasters; and
                    (C) ensuring that the critical services and 
                facilities of communities will continue to function 
                after a natural disaster;
            (3) expenditures for postdisaster assistance are increasing 
        without commensurate reductions in the likelihood of future 
        losses from natural disasters;
            (4) in the expenditure of Federal funds under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), high priority should be given to 
        mitigation of hazards at the local level; and
            (5) with a unified effort of economic incentives, awareness 
        and education, technical assistance, and demonstrated Federal 
        support, States and local governments (including Indian tribes) 
        will be able to--
                    (A) form effective community-based partnerships for 
                hazard mitigation purposes;
                    (B) implement effective hazard mitigation measures 
                that reduce the potential damage from natural 
                disasters;
                    (C) ensure continued functionality of critical 
                services;
                    (D) leverage additional non-Federal resources in 
                meeting natural disaster resistance goals; and
                    (E) make commitments to long-term hazard mitigation 
                efforts to be applied to new and existing structures.
    (b) Purpose.--The purpose of this title is to establish a national 
disaster hazard mitigation program--
            (1) to reduce the loss of life and property, human 
        suffering, economic disruption, and disaster assistance costs 
        resulting from natural disasters; and
            (2) to provide a source of predisaster hazard mitigation 
        funding that will assist States and local governments 
        (including Indian tribes) in implementing effective hazard 
        mitigation measures that are designed to ensure the continued 
        functionality of critical services and facilities after a 
        natural disaster.

SEC. 102. PREDISASTER HAZARD MITIGATION.

    (a) In General.--Title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by 
adding at the end the following:

``SEC. 203. PREDISASTER HAZARD MITIGATION.

    ``(a) Definition of Small Impoverished Community.--In this section, 
the term `small impoverished community' means a community of 3,000 or 
fewer individuals that is economically disadvantaged, as determined by 
the State in which the community is located and based on criteria 
established by the President.
    ``(b) Establishment of Program.--The President may establish a 
program to provide technical and financial assistance to States and 
local governments to assist in the implementation of predisaster hazard 
mitigation measures that are cost-effective and are designed to reduce 
injuries, loss of life, and damage and destruction of property, 
including damage to critical services and facilities under the 
jurisdiction of the States or local governments.
    ``(c) Approval by President.--If the President determines that a 
State or local government has identified natural disaster hazards in 
areas under its jurisdiction and has demonstrated the ability to form 
effective public-private natural disaster hazard mitigation 
partnerships, the President, using amounts in the National Predisaster 
Mitigation Fund established under subsection (i) (referred to in this 
section as the `Fund'), may provide technical and financial assistance 
to the State or local government to be used in accordance with 
subsection (e).
    ``(d) State Recommendations.--
            ``(1) In general.--
                    ``(A) Recommendations.--The Governor of each State 
                may recommend to the President not fewer than 5 local 
                governments to receive assistance under this section.
                    ``(B) Deadline for submission.--The recommendations 
                under subparagraph (A) shall be submitted to the 
                President not later than October 1, 2001, and each 
                October 1st thereafter or such later date in the year 
                as the President may establish.
                    ``(C) Criteria.--In making recommendations under 
                subparagraph (A), a Governor shall consider the 
                criteria specified in subsection (g).
            ``(2) Use.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in providing assistance to local 
                governments under this section, the President shall 
                select from local governments recommended by the 
                Governors under this subsection.
                    ``(B) Extraordinary circumstances.--In providing 
                assistance to local governments under this section, the 
                President may select a local government that has not 
                been recommended by a Governor under this subsection if 
                the President determines that extraordinary 
                circumstances justify the selection and that making the 
                selection will further the purpose of this section.
            ``(3) Effect of failure to nominate.--If a Governor of a 
        State fails to submit recommendations under this subsection in 
        a timely manner, the President may select, subject to the 
        criteria specified in subsection (g), any local governments of 
        the State to receive assistance under this section.
    ``(e) Uses of Technical and Financial Assistance.--
            ``(1) In general.--Technical and financial assistance 
        provided under this section--
                    ``(A) shall be used by States and local governments 
                principally to implement predisaster hazard mitigation 
                measures that are cost-effective and are described in 
                proposals approved by the President under this section; 
                and
                    ``(B) may be used--
                            ``(i) to support effective public-private 
                        natural disaster hazard mitigation 
                        partnerships;
                            ``(ii) to improve the assessment of a 
                        community's vulnerability to natural hazards; 
                        or
                            ``(iii) to establish hazard mitigation 
                        priorities, and an appropriate hazard 
                        mitigation plan, for a community.
            ``(2) Dissemination.--A State or local government may use 
        not more than 10 percent of the financial assistance received 
        by the State or local government under this section for a 
        fiscal year to fund activities to disseminate information 
        regarding cost-effective mitigation technologies.
    ``(f) Allocation of Funds.--The amount of financial assistance made 
available to a State (including amounts made available to local 
governments of the State) under this section for a fiscal year--
            ``(1) shall be not less than the lesser of--
                    ``(A) $500,000; or
                    ``(B) the amount that is equal to 1.0 percent of 
                the total funds appropriated to carry out this section 
                for the fiscal year;
            ``(2) shall not exceed 15 percent of the total funds 
        described in paragraph (1)(B); and
            ``(3) shall be subject to the criteria specified in 
        subsection (g).
    ``(g) Criteria for Assistance Awards.--In determining whether to 
provide technical and financial assistance to a State or local 
government under this section, the President shall take into account--
            ``(1) the extent and nature of the hazards to be mitigated;
            ``(2) the degree of commitment of the State or local 
        government to reduce damages from future natural disasters;
            ``(3) the degree of commitment by the State or local 
        government to support ongoing non-Federal support for the 
        hazard mitigation measures to be carried out using the 
        technical and financial assistance;
            ``(4) the extent to which the hazard mitigation measures to 
        be carried out using the technical and financial assistance 
        contribute to the mitigation goals and priorities established 
        by the State;
            ``(5) the extent to which the technical and financial 
        assistance is consistent with other assistance provided under 
        this Act;
            ``(6) the extent to which prioritized, cost-effective 
        mitigation activities that produce meaningful and definable 
        outcomes are clearly identified;
            ``(7) if the State or local government has submitted a 
        mitigation plan under section 322, the extent to which the 
        activities identified under paragraph (6) are consistent with 
        the mitigation plan;
            ``(8) the opportunity to fund activities that maximize net 
        benefits to society;
            ``(9) the extent to which assistance will fund mitigation 
        activities in small impoverished communities; and
            ``(10) such other criteria as the President establishes in 
        consultation with State and local governments.
    ``(h) Federal Share.--
            ``(1) In general.--Financial assistance provided under this 
        section may contribute up to 75 percent of the total cost of 
        mitigation activities approved by the President.
            ``(2) Small impoverished communities.--Notwithstanding 
        paragraph (1), the President may contribute up to 90 percent of 
        the total cost of a mitigation activity carried out in a small 
        impoverished community.
    ``(i) National Predisaster Mitigation Fund.--
            ``(1) Establishment.--The President may establish in the 
        Treasury of the United States a fund to be known as the 
        `National Predisaster Mitigation Fund', to be used in carrying 
        out this section.
            ``(2) Transfers to fund.--There shall be deposited in the 
        Fund--
                    ``(A) amounts appropriated to carry out this 
                section, which shall remain available until expended; 
                and
                    ``(B) sums available from gifts, bequests, or 
                donations of services or property received by the 
                President for the purpose of predisaster hazard 
                mitigation.
            ``(3) Expenditures from fund.--Upon request by the 
        President, the Secretary of the Treasury shall transfer from 
        the Fund to the President such amounts as the President 
        determines are necessary to provide technical and financial 
        assistance under this section.
            ``(4) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
                    ``(E) Transfers of amounts.--
                            ``(i) In general.--The amounts required to 
                        be transferred to the Fund under this 
                        subsection shall be transferred at least 
                        monthly from the general fund of the Treasury 
                        to the Fund on the basis of estimates made by 
                        the Secretary of the Treasury.
                            ``(ii) Adjustments.--Proper adjustment 
                        shall be made in amounts subsequently 
                        transferred to the extent prior estimates were 
                        in excess of or less than the amounts required 
                        to be transferred.
    ``(j) Limitation on Total Amount of Financial Assistance.--The 
President shall not provide financial assistance under this section in 
an amount greater than the amount available in the Fund.
    ``(k) Multihazard Advisory Maps.--
            ``(1) Definition of multihazard advisory map.--In this 
        subsection, the term `multihazard advisory map' means a map on 
        which hazard data concerning each type of natural disaster is 
        identified simultaneously for the purpose of showing areas of 
        hazard overlap.
            ``(2) Development of maps.--In consultation with States, 
        local governments, and appropriate Federal agencies, the 
        President shall develop multihazard advisory maps for areas, in 
        not fewer than 5 States, that are subject to commonly recurring 
        natural hazards (including flooding, hurricanes and severe 
        winds, and seismic events).
            ``(3) Use of technology.--In developing multihazard 
        advisory maps under this subsection, the President shall use, 
        to the maximum extent practicable, the most cost-effective and 
        efficient technology available.
            ``(4) Use of maps.--
                    ``(A) Advisory nature.--The multihazard advisory 
                maps shall be considered to be advisory and shall not 
                require the development of any new policy by, or impose 
                any new policy on, any government or private entity.
                    ``(B) Availability of maps.--The multihazard 
                advisory maps shall be made available to the 
                appropriate State and local governments for the 
                purposes of--
                            ``(i) informing the general public about 
                        the risks of natural hazards in the areas 
                        described in paragraph (2);
                            ``(ii) supporting the activities described 
                        in subsection (e); and
                            ``(iii) other public uses.
    ``(l) Report on Federal and State Administration.--Not later than 
18 months after the date of enactment of this section, the President, 
in consultation with State and local governments, shall submit to 
Congress a report evaluating efforts to implement this section and 
recommending a process for transferring greater authority and 
responsibility for administering the assistance program established 
under this section to capable States.
    ``(m) Termination of Authority.--The authority provided by this 
section terminates December 31, 2003.''.
    (b) Conforming Amendment.--Title II of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) 
is amended by striking the title heading and inserting the following:

     ``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.

SEC. 103. INTERAGENCY TASK FORCE.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section 102(a)) 
is amended by adding at the end the following:

``SEC. 204. INTERAGENCY TASK FORCE.

    ``(a) In General.--The President shall establish a Federal 
interagency task force for the purpose of coordinating the 
implementation of predisaster hazard mitigation programs administered 
by the Federal Government.
    ``(b) Chairperson.--The Director of the Federal Emergency 
Management Agency shall serve as the chairperson of the task force.
    ``(c) Membership.--The membership of the task force shall include 
representatives of--
            ``(1) relevant Federal agencies;
            ``(2) State and local government organizations (including 
        Indian tribes); and
            ``(3) the American Red Cross.''.

SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC AND PRIVATE 
              STRUCTURES.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended 
by adding at the end the following:

``SEC. 322. MITIGATION PLANNING.

    ``(a) Requirement of Mitigation Plan.--As a condition of receipt of 
an increased Federal share for hazard mitigation measures under 
subsection (e), a State, local, or tribal government shall develop and 
submit for approval to the President a mitigation plan that outlines 
processes for identifying the natural hazards, risks, and 
vulnerabilities of the area under the jurisdiction of the government.
    ``(b) Local and Tribal Plans.--Each mitigation plan developed by a 
local or tribal government shall--
            ``(1) describe actions to mitigate hazards, risks, and 
        vulnerabilities identified under the plan; and
            ``(2) establish a strategy to implement those actions.
    ``(c) State Plans.--The State process of development of a 
mitigation plan under this section shall--
            ``(1) identify the natural hazards, risks, and 
        vulnerabilities of areas in the State;
            ``(2) support development of local mitigation plans;
            ``(3) provide for technical assistance to local and tribal 
        governments for mitigation planning; and
            ``(4) identify and prioritize mitigation actions that the 
        State will support, as resources become available.
    ``(d) Funding.--
            ``(1) In general.--Federal contributions under section 404 
        may be used to fund the development and updating of mitigation 
        plans under this section.
            ``(2) Maximum federal contribution.--With respect to any 
        mitigation plan, a State, local, or tribal government may use 
        an amount of Federal contributions under section 404 not to 
        exceed 7 percent of the amount of such contributions available 
        to the government as of a date determined by the government.
    ``(e) Increased Federal Share for Hazard Mitigation Measures.--
            ``(1) In general.--If, at the time of the declaration of a 
        major disaster, a State has in effect an approved mitigation 
        plan under this section, the President may increase to 20 
        percent, with respect to the major disaster, the maximum 
        percentage specified in the last sentence of section 404(a).
            ``(2) Factors for consideration.--In determining whether to 
        increase the maximum percentage under paragraph (1), the 
        President shall consider whether the State has established--
                    ``(A) eligibility criteria for property acquisition 
                and other types of mitigation measures;
                    ``(B) requirements for cost effectiveness that are 
                related to the eligibility criteria;
                    ``(C) a system of priorities that is related to the 
                eligibility criteria; and
                    ``(D) a process by which an assessment of the 
                effectiveness of a mitigation action may be carried out 
                after the mitigation action is complete.

``SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.

    ``(a) In General.--As a condition of receipt of a disaster loan or 
grant under this Act--
            ``(1) the recipient shall carry out any repair or 
        construction to be financed with the loan or grant in 
        accordance with applicable standards of safety, decency, and 
        sanitation and in conformity with applicable codes, 
        specifications, and standards; and
            ``(2) the President may require safe land use and 
        construction practices, after adequate consultation with 
        appropriate State and local government officials.
    ``(b) Evidence of Compliance.--A recipient of a disaster loan or 
grant under this Act shall provide such evidence of compliance with 
this section as the President may require by regulation.''.
    (b) Losses From Straight Line Winds.--The President shall increase 
the maximum percentage specified in the last sentence of section 404(a) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170c(a)) from 15 percent to 20 percent with respect to any 
major disaster that is in the State of Minnesota and for which 
assistance is being provided as of the date of enactment of this Act, 
except that additional assistance provided under this subsection shall 
not exceed $6,000,000. The mitigation measures assisted under this 
subsection shall be related to losses in the State of Minnesota from 
straight line winds.
    (c) Conforming Amendments.--
            (1) Section 404(a) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
        amended--
                    (A) in the second sentence, by striking ``section 
                409'' and inserting ``section 322''; and
                    (B) in the third sentence, by striking ``The 
                total'' and inserting ``Subject to section 322, the 
                total''.
            (2) Section 409 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

               TITLE II--STREAMLINING AND COST REDUCTION

SEC. 201. TECHNICAL AMENDMENTS.

    Section 311 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5154) is amended in subsections (a)(1), (b), 
and (c) by striking ``section 803 of the Public Works and Economic 
Development Act of 1965'' each place it appears and inserting ``section 
209(c)(2) of the Public Works and Economic Development Act of 1965 (42 
U.S.C. 3149(c)(2))''.

SEC. 202. MANAGEMENT COSTS.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as 
amended by section 104(a)) is amended by adding at the end the 
following:

``SEC. 324. MANAGEMENT COSTS.

    ``(a) Definition of Management Cost.--In this section, the term 
`management cost' includes any indirect cost, any administrative 
expense, and any other expense not directly chargeable to a specific 
project under a major disaster, emergency, or disaster preparedness or 
mitigation activity or measure.
    ``(b) Establishment of Management Cost Rates.--Notwithstanding any 
other provision of law (including any administrative rule or guidance), 
the President shall by regulation establish management cost rates, for 
grantees and subgrantees, that shall be used to determine contributions 
under this Act for management costs.
    ``(c) Review.--The President shall review the management cost rates 
established under subsection (b) not later than 3 years after the date 
of establishment of the rates and periodically thereafter.''.
    (b) Applicability.--
            (1) In general.--Subject to paragraph (2), subsections (a) 
        and (b) of section 324 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (as added by subsection 
        (a)) shall apply to major disasters declared under that Act on 
        or after the date of enactment of this Act.
            (2) Interim authority.--Until the date on which the 
        President establishes the management cost rates under section 
        324 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (as added by subsection (a)), section 406(f) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5172(f)) (as in effect on the day before the 
        date of enactment of this Act) shall be used to establish 
        management cost rates.

SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 202(a)) 
is amended by adding at the end the following:

``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

    ``(a) Public Notice and Comment Concerning New or Modified 
Policies.--
            ``(1) In general.--The President shall provide for public 
        notice and opportunity for comment before adopting any new or 
        modified policy that--
                    ``(A) governs implementation of the public 
                assistance program administered by the Federal 
                Emergency Management Agency under this Act; and
                    ``(B) could result in a significant reduction of 
                assistance under the program.
            ``(2) Application.--Any policy adopted under paragraph (1) 
        shall apply only to a major disaster or emergency declared on 
        or after the date on which the policy is adopted.
    ``(b) Consultation Concerning Interim Policies.--
            ``(1) In general.--Before adopting any interim policy under 
        the public assistance program to address specific conditions 
        that relate to a major disaster or emergency that has been 
        declared under this Act, the President, to the maximum extent 
        practicable, shall solicit the views and recommendations of 
        grantees and subgrantees with respect to the major disaster or 
        emergency concerning the potential interim policy, if the 
        interim policy is likely--
                    ``(A) to result in a significant reduction of 
                assistance to applicants for the assistance with 
                respect to the major disaster or emergency; or
                    ``(B) to change the terms of a written agreement to 
                which the Federal Government is a party concerning the 
                declaration of the major disaster or emergency.
            ``(2) No legal right of action.--Nothing in this subsection 
        confers a legal right of action on any party.
    ``(c) Public Access.--The President shall promote public access to 
policies governing the implementation of the public assistance 
program.''.

SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT PROGRAM.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(c) Program Administration by States.--
            ``(1) In general.--A State desiring to administer the 
        hazard mitigation grant program established by this section 
        with respect to hazard mitigation assistance in the State may 
        submit to the President an application for the delegation of 
        the authority to administer the program.
            ``(2) Criteria.--The President, in consultation and 
        coordination with States and local governments, shall establish 
        criteria for the approval of applications submitted under 
        paragraph (1). The criteria shall include, at a minimum--
                    ``(A) the demonstrated ability of the State to 
                manage the grant program under this section;
                    ``(B) there being in effect an approved mitigation 
                plan under section 322; and
                    ``(C) a demonstrated commitment to mitigation 
                activities.
            ``(3) Approval.--The President shall approve an application 
        submitted under paragraph (1) that meets the criteria 
        established under paragraph (2).
            ``(4) Withdrawal of approval.--If, after approving an 
        application of a State submitted under paragraph (1), the 
        President determines that the State is not administering the 
        hazard mitigation grant program established by this section in 
        a manner satisfactory to the President, the President shall 
        withdraw the approval.
            ``(5) Audits.--The President shall provide for periodic 
        audits of the hazard mitigation grant programs administered by 
        States under this subsection.''.

SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE 
              DAMAGED FACILITIES.

    (a) Contributions.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Contributions.--
            ``(1) In general.--The President may make contributions--
                    ``(A) to a State or local government for the 
                repair, restoration, reconstruction, or replacement of 
                a public facility damaged or destroyed by a major 
                disaster and for associated expenses incurred by the 
                government; and
                    ``(B) subject to paragraph (3), to a person that 
                owns or operates a private nonprofit facility damaged 
                or destroyed by a major disaster for the repair, 
                restoration, reconstruction, or replacement of the 
                facility and for associated expenses incurred by the 
                person.
            ``(2) Associated expenses.--For the purposes of this 
        section, associated expenses shall include--
                    ``(A) the costs of mobilizing and employing the 
                National Guard for performance of eligible work;
                    ``(B) the costs of using prison labor to perform 
                eligible work, including wages actually paid, 
                transportation to a worksite, and extraordinary costs 
                of guards, food, and lodging; and
                    ``(C) base and overtime wages for the employees and 
                extra hires of a State, local government, or person 
                described in paragraph (1) that perform eligible work, 
                plus fringe benefits on such wages to the extent that 
                such benefits were being paid before the major 
                disaster.
            ``(3) Conditions for assistance to private nonprofit 
        facilities.--
                    ``(A) In general.--The President may make 
                contributions to a private nonprofit facility under 
                paragraph (1)(B) only if--
                            ``(i) the facility provides critical 
                        services (as defined by the President) in the 
                        event of a major disaster; or
                            ``(ii) the owner or operator of the 
                        facility--
                                    ``(I) has applied for a disaster 
                                loan under section 7(b) of the Small 
                                Business Act (15 U.S.C. 636(b)); and
                                    ``(II)(aa) has been determined to 
                                be ineligible for such a loan; or
                                    ``(bb) has obtained such a loan in 
                                the maximum amount for which the Small 
                                Business Administration determines the 
                                facility is eligible.
                    ``(B) Definition of critical services.--In this 
                paragraph, the term `critical services' includes power, 
                water (including water provided by an irrigation 
                organization or facility), sewer, wastewater treatment, 
                communications, and emergency medical care.
            ``(4) Notification to congress.--Before making any 
        contribution under this section in an amount greater than 
        $20,000,000, the President shall notify--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate;
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    ``(C) the Committee on Appropriations of the 
                Senate; and
                    ``(D) the Committee on Appropriations of the House 
                of Representatives.''.
    (b) Federal Share.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Federal Share.--
            ``(1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under this 
        section shall be not less than 75 percent of the eligible cost 
        of repair, restoration, reconstruction, or replacement carried 
        out under this section.
            ``(2) Reduced federal share.--The President shall 
        promulgate regulations to reduce the Federal share of 
        assistance under this section to not less than 25 percent in 
        the case of the repair, restoration, reconstruction, or 
        replacement of any eligible public facility or private 
        nonprofit facility following an event associated with a major 
        disaster--
                    ``(A) that has been damaged, on more than 1 
                occasion within the preceding 10-year period, by the 
                same type of event; and
                    ``(B) the owner of which has failed to implement 
                appropriate mitigation measures to address the hazard 
                that caused the damage to the facility.''.
    (c) Large In-Lieu Contributions.--Section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsection (c) and inserting the following:
    ``(c) Large In-Lieu Contributions.--
            ``(1) For public facilities.--
                    ``(A) In general.--In any case in which a State or 
                local government determines that the public welfare 
                would not best be served by repairing, restoring, 
                reconstructing, or replacing any public facility owned 
                or controlled by the State or local government, the 
                State or local government may elect to receive, in lieu 
                of a contribution under subsection (a)(1)(A), a 
                contribution in an amount equal to 75 percent of the 
                Federal share of the Federal estimate of the cost of 
                repairing, restoring, reconstructing, or replacing the 
                facility and of management expenses.
                    ``(B) Areas with unstable soil.--In any case in 
                which a State or local government determines that the 
                public welfare would not best be served by repairing, 
                restoring, reconstructing, or replacing any public 
                facility owned or controlled by the State or local 
                government because soil instability in the disaster 
                area makes repair, restoration, reconstruction, or 
                replacement infeasible, the State or local government 
                may elect to receive, in lieu of a contribution under 
                subsection (a)(1)(A), a contribution in an amount equal 
                to 90 percent of the Federal share of the Federal 
                estimate of the cost of repairing, restoring, 
                reconstructing, or replacing the facility and of 
                management expenses.
                    ``(C) Use of funds.--Funds contributed to a State 
                or local government under this paragraph may be used--
                            ``(i) to repair, restore, or expand other 
                        selected public facilities;
                            ``(ii) to construct new facilities; or
                            ``(iii) to fund hazard mitigation measures 
                        that the State or local government determines 
                        to be necessary to meet a need for governmental 
                        services and functions in the area affected by 
                        the major disaster.
                    ``(D) Limitations.--Funds made available to a State 
                or local government under this paragraph may not be 
                used for--
                            ``(i) any public facility located in a 
                        regulatory floodway (as defined in section 59.1 
                        of title 44, Code of Federal Regulations (or a 
                        successor regulation)); or
                            ``(ii) any uninsured public facility 
                        located in a special flood hazard area 
                        identified by the Director of the Federal 
                        Emergency Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
                        seq.).
            ``(2) For private nonprofit facilities.--
                    ``(A) In general.--In any case in which a person 
                that owns or operates a private nonprofit facility 
                determines that the public welfare would not best be 
                served by repairing, restoring, reconstructing, or 
                replacing the facility, the person may elect to 
                receive, in lieu of a contribution under subsection 
                (a)(1)(B), a contribution in an amount equal to 75 
                percent of the Federal share of the Federal estimate of 
                the cost of repairing, restoring, reconstructing, or 
                replacing the facility and of management expenses.
                    ``(B) Use of funds.--Funds contributed to a person 
                under this paragraph may be used--
                            ``(i) to repair, restore, or expand other 
                        selected private nonprofit facilities owned or 
                        operated by the person;
                            ``(ii) to construct new private nonprofit 
                        facilities to be owned or operated by the 
                        person; or
                            ``(iii) to fund hazard mitigation measures 
                        that the person determines to be necessary to 
                        meet a need for the person's services and 
                        functions in the area affected by the major 
                        disaster.
                    ``(C) Limitations.--Funds made available to a 
                person under this paragraph may not be used for--
                            ``(i) any private nonprofit facility 
                        located in a regulatory floodway (as defined in 
                        section 59.1 of title 44, Code of Federal 
                        Regulations (or a successor regulation)); or
                            ``(ii) any uninsured private nonprofit 
                        facility located in a special flood hazard area 
                        identified by the Director of the Federal 
                        Emergency Management Agency under the National 
                        Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
                        seq.).''.
    (d) Eligible Cost.--
            (1) In general.--Section 406 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
        is amended by striking subsection (e) and inserting the 
        following:
    ``(e) Eligible Cost.--
            ``(1) Determination.--
                    ``(A) In general.--For the purposes of this 
                section, the President shall estimate the eligible cost 
                of repairing, restoring, reconstructing, or replacing a 
                public facility or private nonprofit facility--
                            ``(i) on the basis of the design of the 
                        facility as the facility existed immediately 
                        before the major disaster; and
                            ``(ii) in conformity with codes, 
                        specifications, and standards (including 
                        floodplain management and hazard mitigation 
                        criteria required by the President or under the 
                        Coastal Barrier Resources Act (16 U.S.C. 3501 
                        et seq.)) applicable at the time at which the 
                        disaster occurred.
                    ``(B) Cost estimation procedures.--
                            ``(i) In general.--Subject to paragraph 
                        (2), the President shall use the cost 
                        estimation procedures established under 
                        paragraph (3) to determine the eligible cost 
                        under this subsection.
                            ``(ii) Applicability.--The procedures 
                        specified in this paragraph and paragraph (2) 
                        shall apply only to projects the eligible cost 
                        of which is equal to or greater than the amount 
                        specified in section 422.
            ``(2) Modification of eligible cost.--
                    ``(A) Actual cost greater than ceiling percentage 
                of estimated cost.--In any case in which the actual 
                cost of repairing, restoring, reconstructing, or 
                replacing a facility under this section is greater than 
                the ceiling percentage established under paragraph (3) 
                of the cost estimated under paragraph (1), the 
                President may determine that the eligible cost includes 
                a portion of the actual cost of the repair, 
                restoration, reconstruction, or replacement that 
                exceeds the cost estimated under paragraph (1).
                    ``(B) Actual cost less than estimated cost.--
                            ``(i) Greater than or equal to floor 
                        percentage of estimated cost.--In any case in 
                        which the actual cost of repairing, restoring, 
                        reconstructing, or replacing a facility under 
                        this section is less than 100 percent of the 
                        cost estimated under paragraph (1), but is 
                        greater than or equal to the floor percentage 
                        established under paragraph (3) of the cost 
                        estimated under paragraph (1), the State or 
                        local government or person receiving funds 
                        under this section shall use the excess funds 
                        to carry out cost-effective activities that 
                        reduce the risk of future damage, hardship, or 
                        suffering from a major disaster.
                            ``(ii) Less than floor percentage of 
                        estimated cost.--In any case in which the 
                        actual cost of repairing, restoring, 
                        reconstructing, or replacing a facility under 
                        this section is less than the floor percentage 
                        established under paragraph (3) of the cost 
                        estimated under paragraph (1), the State or 
                        local government or person receiving assistance 
                        under this section shall reimburse the 
                        President in the amount of the difference.
                    ``(C) No effect on appeals process.--Nothing in 
                this paragraph affects any right of appeal under 
                section 423.
            ``(3) Expert panel.--
                    ``(A) Establishment.--Not later than 18 months 
                after the date of enactment of this paragraph, the 
                President, acting through the Director of the Federal 
                Emergency Management Agency, shall establish an expert 
                panel, which shall include representatives from the 
                construction industry and State and local government.
                    ``(B) Duties.--The expert panel shall develop 
                recommendations concerning--
                            ``(i) procedures for estimating the cost of 
                        repairing, restoring, reconstructing, or 
                        replacing a facility consistent with industry 
                        practices; and
                            ``(ii) the ceiling and floor percentages 
                        referred to in paragraph (2).
                    ``(C) Regulations.--Taking into account the 
                recommendations of the expert panel under subparagraph 
                (B), the President shall promulgate regulations that 
                establish--
                            ``(i) cost estimation procedures described 
                        in subparagraph (B)(i); and
                            ``(ii) the ceiling and floor percentages 
                        referred to in paragraph (2).
                    ``(D) Review by president.--Not later than 2 years 
                after the date of promulgation of regulations under 
                subparagraph (C) and periodically thereafter, the 
                President shall review the cost estimation procedures 
                and the ceiling and floor percentages established under 
                this paragraph.
                    ``(E) Report to congress.--Not later than 1 year 
                after the date of promulgation of regulations under 
                subparagraph (C), 3 years after that date, and at the 
                end of each 2-year period thereafter, the expert panel 
                shall submit to Congress a report on the 
                appropriateness of the cost estimation procedures.
            ``(4) Special rule.--In any case in which the facility 
        being repaired, restored, reconstructed, or replaced under this 
        section was under construction on the date of the major 
        disaster, the cost of repairing, restoring, reconstructing, or 
        replacing the facility shall include, for the purposes of this 
        section, only those costs that, under the contract for the 
        construction, are the owner's responsibility and not the 
        contractor's responsibility.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on the date of enactment of this Act and applies 
        to funds appropriated after the date of enactment of this Act, 
        except that paragraph (1) of section 406(e) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (as 
        amended by paragraph (1)) takes effect on the date on which the 
        cost estimation procedures established under paragraph (3) of 
        that section take effect.
    (e) Conforming Amendment.--Section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is 
amended by striking subsection (f).

SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    (a) In General.--Section 408 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended to read 
as follows:

``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 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.
                            ``(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, 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) 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.
                            ``(iii) Collection of rental charges.--
                        After the end of the 18-month period referred 
                        to in clause (ii), 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.
                    ``(C) Maximum amount of assistance.--The amount of 
                assistance provided to a household under this paragraph 
                shall not exceed $5,000, as adjusted annually to 
                reflect changes in the Consumer Price Index for All 
                Urban Consumers published by the Department of Labor.
            ``(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) Maximum amount of assistance.--The amount of 
                assistance provided to a household under this paragraph 
                shall not exceed $10,000, as adjusted annually to 
                reflect changes in the Consumer Price Index for All 
                Urban Consumers published by the Department of Labor.
                    ``(C) 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 housing in 
        insular areas outside the continental United States and in 
        other remote 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; and
                            ``(ii) 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, 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, 
        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) Financial assistance to address other needs.--
                    ``(A) Grant to state.--Subject to subsection (g), a 
                Governor may request a grant from the President to 
                provide financial assistance to individuals and 
                households in the State under subsection (e).
                    ``(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 financial assistance 
                to individuals and households in the State under 
                subsection (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.
    ``(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.
            ``(2) Adjustment of limit.--The limit established under 
        paragraph (1) shall be adjusted annually to reflect changes in 
        the Consumer Price Index for All Urban Consumers published by 
        the Department of Labor.
    ``(i) 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.''.
    (b) Conforming Amendment.--Section 502(a)(6) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5192(a)(6)) is amended by striking ``temporary housing''.
    (c) Elimination of Individual and Family Grant Programs.--Section 
411 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5178) is repealed.
    (d) Effective Date.--The amendments made by this section take 
effect 18 months after the date of enactment of this Act.

SEC. 207. COMMUNITY DISASTER LOANS.

    Section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184) is amended--
            (1) by striking ``(a) The President'' and inserting the 
        following:
    ``(a) In General.--The President'';
            (2) by striking ``The amount'' and inserting the following:
    ``(b) Amount.--The amount'';
            (3) by striking ``Repayment'' and inserting the following:
    ``(c) Repayment.--
            ``(1) Cancellation.--Repayment'';
            (4) by striking ``(b) Any loans'' and inserting the 
        following:
    ``(d) Effect on Other Assistance.--Any loans'';
            (5) in subsection (b) (as designated by paragraph (2))--
                    (A) by striking ``and shall'' and inserting 
                ``shall''; and
                    (B) by inserting before the period at the end the 
                following: ``, and shall not exceed $5,000,000''; and
            (6) in subsection (c) (as designated by paragraph (3)), by 
        adding at the end the following:
            ``(2) Condition on continuing eligibility.--A local 
        government shall not be eligible for further assistance under 
        this section during any period in which the local government is 
        in arrears with respect to a required repayment of a loan under 
        this section.''.

SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE.

    Not later than 3 years after the date of enactment of this Act, the 
President shall submit to Congress a report describing the results of 
the State Management of Small Disasters Initiative, including--
            (1) identification of any administrative or financial 
        benefits of the initiative; and
            (2) recommendations concerning the conditions, if any, 
        under which States should be allowed the option to administer 
        parts of the assistance program under section 406 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172).

SEC. 209. STUDY REGARDING COST REDUCTION.

    Not later than 3 years after the date of enactment of this Act, the 
Director of the Congressional Budget Office shall complete a study 
estimating the reduction in Federal disaster assistance that has 
resulted and is likely to result from the enactment of this Act.

                        TITLE III--MISCELLANEOUS

SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

    The first section of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 note) is amended to read as 
follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Robert T. Stafford Disaster Relief 
and Emergency Assistance Act'.''.

SEC. 302. DEFINITIONS.

    Section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended--
            (1) in each of paragraphs (3) and (4), by striking ``the 
        Northern'' and all that follows through ``Pacific Islands'' and 
        inserting ``and the Commonwealth of the Northern Mariana 
        Islands'';
            (2) by striking paragraph (6) and inserting the following:
            ``(6) Local government.--The term `local government' 
        means--
                    ``(A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                    ``(B) an Indian tribe or authorized tribal 
                organization, or Alaska Native village or organization; 
                and
                    ``(C) a rural community, unincorporated town or 
                village, or other public entity, for which an 
                application for assistance is made by a State or 
                political subdivision of a State.''; and
            (3) in paragraph (9), by inserting ``irrigation,'' after 
        ``utility,''.

SEC. 303. FIRE MANAGEMENT ASSISTANCE.

    (a) In General.--Section 420 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended to read 
as follows:

``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

    ``(a) In General.--The President is authorized to provide 
assistance, including grants, equipment, supplies, and personnel, to 
any State or local government for the mitigation, management, and 
control of any fire on public or private forest land or grassland that 
threatens such destruction as would constitute a major disaster.
    ``(b) Coordination With State and Tribal Departments of Forestry.--
In providing assistance under this section, the President shall 
coordinate with State and tribal departments of forestry.
    ``(c) Essential Assistance.--In providing assistance under this 
section, the President may use the authority provided under section 
403.
    ``(d) Rules and Regulations.--The President shall prescribe such 
rules and regulations as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect 1 year after the date of enactment of this Act.

SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.

    Title VII of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end 
the following:

``SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.

    ``(a) Statute of Limitations.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        administrative action to recover any payment made to a State or 
        local government for disaster or emergency assistance under 
        this Act shall be initiated in any forum after the date that is 
        3 years after the date of transmission of the final expenditure 
        report for the disaster or emergency.
            ``(2) Fraud exception.--The limitation under paragraph (1) 
        shall apply unless there is evidence of civil or criminal 
        fraud.
    ``(b) Rebuttal of Presumption of Record Maintenance.--
            ``(1) In general.--In any dispute arising under this 
        section after the date that is 3 years after the date of 
        transmission of the final expenditure report for the disaster 
        or emergency, there shall be a presumption that accounting 
        records were maintained that adequately identify the source and 
        application of funds provided for financially assisted 
        activities.
            ``(2) Affirmative evidence.--The presumption described in 
        paragraph (1) may be rebutted only on production of affirmative 
        evidence that the State or local government did not maintain 
        documentation described in that paragraph.
            ``(3) Inability to produce documentation.--The inability of 
        the Federal, State, or local government to produce source 
        documentation supporting expenditure reports later than 3 years 
        after the date of transmission of the final expenditure report 
        shall not constitute evidence to rebut the presumption 
        described in paragraph (1).
            ``(4) Right of access.--The period during which the 
        Federal, State, or local government has the right to access 
        source documentation shall not be limited to the required 3-
        year retention period referred to in paragraph (3), but shall 
        last as long as the records are maintained.
    ``(c) Binding Nature of Grant Requirements.--A State or local 
government shall not be liable for reimbursement or any other penalty 
for any payment made under this Act if--
            ``(1) the payment was authorized by an approved agreement 
        specifying the costs;
            ``(2) the costs were reasonable; and
            ``(3) the purpose of the grant was accomplished.''.

SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE 
              EMPLOYEES.

    (a) In General.--Section 1204 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796b) is amended by striking paragraph 
(7) and inserting the following:
            ``(7) `public safety officer' means--
                    ``(A) an individual serving a public agency in an 
                official capacity, with or without compensation, as a 
                law enforcement officer, as a firefighter, or as a 
                member of a rescue squad or ambulance crew;
                    ``(B) an employee of the Federal Emergency 
                Management Agency who is performing official duties of 
                the Agency in an area, if those official duties--
                            ``(i) are related to a major disaster or 
                        emergency that has been, or is later, declared 
                        to exist with respect to the area under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); and
                            ``(ii) are determined by the Director of 
                        the Federal Emergency Management Agency to be 
                        hazardous duties; or
                    ``(C) an employee of a State, local, or tribal 
                emergency management or civil defense agency who is 
                performing official duties in cooperation with the 
                Federal Emergency Management Agency in an area, if 
                those official duties--
                            ``(i) are related to a major disaster or 
                        emergency that has been, or is later, declared 
                        to exist with respect to the area under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); and
                            ``(ii) are determined by the head of the 
                        agency to be hazardous duties.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
only to employees described in subparagraphs (B) and (C) of section 
1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (as 
amended by subsection (a)) who are injured or who die in the line of 
duty on or after the date of enactment of this Act.

SEC. 306. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds authorized to be 
appropriated under this Act or any amendment made by this Act may be 
expended by an entity unless the entity, in expending the funds, 
complies with the Buy American Act (41 U.S.C. 10a et seq.).
    (b) Debarment of Persons Convicted of Fraudulent Use of ``Made in 
America'' Labels.--
            (1) In general.--If the Director of the Federal Emergency 
        Management Agency determines that a person has been convicted 
        of intentionally affixing a label bearing a ``Made in America'' 
        inscription to any product sold in or shipped to the United 
        States that is not made in America, the Director shall 
        determine, not later than 90 days after determining that the 
        person has been so convicted, whether the person should be 
        debarred from contracting under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (2) Definition of debar.--In this subsection, the term 
        ``debar'' has the meaning given the term in section 2393(c) of 
        title 10, United States Code.

SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.

    (a) In General.--Notwithstanding the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4002 et seq.), or any other provision of law, or any 
flood risk zone identified, delineated, or established under any such 
law (by flood insurance rate map or otherwise), the real property 
described in subsection (b) shall not be considered to be, or to have 
been, located in any area having special flood hazards (including any 
floodway or floodplain).
    (b) Real Property.--The real property described in this subsection 
is all land and improvements on the land located in the Maple Terrace 
Subdivisions in the city of Sycamore, DeKalb County, Illinois, 
including--
            (1) Maple Terrace Phase I;
            (2) Maple Terrace Phase II;
            (3) Maple Terrace Phase III Unit 1;
            (4) Maple Terrace Phase III Unit 2;
            (5) Maple Terrace Phase III Unit 3;
            (6) Maple Terrace Phase IV Unit 1;
            (7) Maple Terrace Phase IV Unit 2; and
            (8) Maple Terrace Phase IV Unit 3.
    (c) Revision of Flood Insurance Rate Lot Maps.--As soon as 
practicable after the date of enactment of this Act, the Director of 
the Federal Emergency Management Agency shall revise the appropriate 
flood insurance rate lot maps of the agency to reflect the treatment 
under subsection (a) of the real property described in subsection (b).

SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY 
              MANAGEMENT.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Study.--
            (1) In general.--The Director of the Federal Emergency 
        Management Agency shall conduct a study of participation by 
        Indian tribes in emergency management.
            (2) Required elements.--The study shall--
                    (A) survey participation by Indian tribes in 
                training, predisaster and postdisaster mitigation, 
                disaster preparedness, and disaster recovery programs 
                at the Federal and State levels; and
                    (B) review and assess the capacity of Indian tribes 
                to participate in cost-shared emergency management 
                programs and to participate in the management of the 
                programs.
            (3) Consultation.--In conducting the study, the Director 
        shall consult with Indian tribes.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Director shall submit a report on the study under 
subsection (b) to--
            (1) the Committee on Environment and Public Works of the 
        Senate;
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (3) the Committee on Appropriations of the Senate; and
            (4) the Committee on Appropriations of the House of 
        Representatives.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 707

_______________________________________________________________________

        SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT

HR 707 ES2----2
HR 707 ES2----3
HR 707 ES2----4
HR 707 ES2----5
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