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

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 19, 2000.
    Resolved, That the bill from the House of Representatives (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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and 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.

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

Sec. 201. Insurance.
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 204. Mitigation planning; hazard resistant construction standards.
Sec. 205. State administration of hazard mitigation grant program.
Sec. 206. Study regarding cost reduction.
Sec. 207. Fire management assistance.
Sec. 208. Public notice, comment, and consultation requirements.
Sec. 209. Community disaster loans.
Sec. 210. Temporary housing assistance.
Sec. 211. Individual and family grant program.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Public safety officer benefits for certain Federal and State 
                            employees.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Conforming amendment.

                 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 communities from natural disasters;
                    (B) implementing adequate measures to reduce losses 
                from natural disasters; and
                    (C) ensuring that the critical infrastructure 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 to existing and new construction 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 communities 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 the critical 
                infrastructure of communities;
                    (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 construction.
    (b) Purpose.--The purpose of this Act 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 in 
        implementing effective hazard mitigation measures that are 
        designed to ensure the continued functionality of critical 
        infrastructure and facilities after a natural disaster.

SEC. 102. PREDISASTER HAZARD MITIGATION.

    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) In General.--The Director of the Federal Emergency Management 
Agency (referred to in this section as the `Director') 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 designed to reduce injuries, loss of life, and 
damage and destruction of property, including damage to critical 
infrastructure and facilities under the jurisdiction of the States or 
local governments.
    ``(b) Approval by Director.--If the Director determines that a 
State or local government has identified all natural disaster hazards 
in areas under its jurisdiction and has demonstrated the ability to 
form effective public-private natural disaster hazard mitigation 
partnerships, the Director, using amounts in the National Predisaster 
Mitigation Fund established under subsection (e) (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 (c).
    ``(c) Uses of Technical and Financial Assistance.--Technical and 
financial assistance provided under subsection (b)--
            ``(1) shall be used by States and local governments 
        principally to implement predisaster hazard mitigation measures 
        described in proposals approved by the Director under this 
        section; and
            ``(2) may be used--
                    ``(A) to support effective public-private natural 
                disaster hazard mitigation partnerships;
                    ``(B) to ensure that new development and 
                construction is resistant to natural disasters;
                    ``(C) to improve the assessment of a community's 
                vulnerability to natural hazards; or
                    ``(D) to establish hazard mitigation priorities, 
                and an appropriate hazard mitigation plan, for a 
                community.
    ``(d) Criteria for Assistance Awards.--In determining whether to 
provide technical and financial assistance to a State or local 
government under subsection (a), the Director 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; and
            ``(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 as a condition of receipt of the annual emergency 
        management performance grant awarded to the State by the 
        Federal Emergency Management Agency.
    ``(e) National Predisaster Mitigation Fund.--
            ``(1) Establishment.--The Director 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 
                Director for the purpose of predisaster hazard 
                mitigation.
            ``(3) Expenditures from fund.--Upon request by the 
        Director, the Secretary of the Treasury shall transfer from the 
        Fund to the Director such amounts as the Director 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.
    ``(f) Maximum Total Federal Share.--Subject to subsection (g), the 
amount of financial assistance provided from the Fund shall not exceed 
an amount equal to 75 percent of the total costs of all hazard 
mitigation proposals approved by the Director under this section.
    ``(g) Limitation on Total Amount of Financial Assistance.--The 
Director shall not provide financial assistance under this section in 
an amount greater than the amount available in the Fund.
    ``(h) Termination of Authority.--The authority provided by this 
section terminates December 31, 2003.''.

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) 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 State and local government organizations and the 
American Red Cross.''.

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

SEC. 201. INSURANCE.

    (a) In General.--Section 311(a)(2) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5154(a)(2)) is 
amended--
            (1) by striking ``In'' and inserting the following:
                    ``(A) In general.--In''; and
            (2) by adding at the end the following:
                    ``(B) Required insurance or self-insurance.--Not 
                later than 1 year after the date of enactment of this 
                subparagraph, the President shall promulgate 
                regulations under which States, communities, and other 
                applicants subject to paragraph (1) shall be required 
                to protect property through adequate levels of 
                insurance or self-insurance if--
                            ``(i) the appropriate State insurance 
                        commissioner makes the certification described 
                        in subparagraph (A); and
                            ``(ii) the President determines that the 
                        property is not adequately protected against 
                        natural or other disasters.
                    ``(C) Regulations.--In promulgating any new 
                regulation requiring public structures to be insured to 
                be eligible for assistance, the President shall--
                            ``(i) include in the regulation--
                                    ``(I) definitions relating to 
                                insurance that are expressed in known 
                                and generally accepted terms;
                                    ``(II) a definition of `adequate 
                                insurance';
                                    ``(III) the specific criteria for a 
                                waiver of any insurance eligibility 
                                requirement under the regulation;
                                    ``(IV) a definition of `self-
                                insurance' that is sufficiently 
                                flexible to take into consideration 
                                alternative risk financing methods;
                                    ``(V) available market research 
                                used in determining the availability of 
                                insurance; and
                                    ``(VI) a cost-benefit analysis; and
                            ``(ii) consider--
                                    ``(I) alternative risk-financing 
                                mechanisms, including risk sharing 
                                pools and self-insurance; and
                                    ``(II) the use of independent 
                                experts in insurance, disaster 
                                preparedness, risk management, and 
                                finance to assist in developing the 
                                proposed regulation.''.
    (b) 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 ``sections 201 and 209 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3141, 3149)''.

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.) is amended 
by adding at the end the following:

``SEC. 322. MANAGEMENT COSTS.

    ``(a) Definition of Management Cost.--In this section, the term 
`management cost' includes any indirect cost, 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) Management Cost Rates.--Notwithstanding any other provision 
of law (including any administrative rule or guidance), the President 
shall 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.
    ``(d) Regulations.--The President shall promulgate regulations to 
define appropriate costs to be included in management costs under this 
section.''.
    (b) Applicability.--Section 322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (as added by subsection (a)) shall 
apply as follows:
            (1) In general.--Subsections (a), (b), and (d) of section 
        322 of that Act shall apply to each major disaster declared 
        under that Act on or after the date of enactment of this Act. 
        Until the date on which the President establishes the 
        management cost rates under subsection (b) of that section, 
        section 406(f) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5172(f)) shall be used for 
        establishing the rates.
            (2) Review.--Section 322(c) of that Act shall apply to each 
        major disaster declared under that Act on or after the date on 
        which the President establishes the management cost rates under 
        section 322(b) of that Act.
    (c) Conforming Amendments.--
            (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 (f).
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on the date of publication in the Federal Register 
        of the management cost rates established under section 322(b) 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (as added by subsection (a)).

SEC. 203. 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.--
                    ``(A) Authority.--The President may make 
                contributions--
                            ``(i) to a State or local government for 
                        the repair, restoration, reconstruction, or 
                        replacement of a public facility that is 
                        damaged or destroyed by a major disaster and 
                        for associated expenses incurred by the 
                        government; and
                            ``(ii) subject to paragraph (2), 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.
                    ``(B) Associated expenses.--For the purposes of 
                this section, associated expenses shall include--
                            ``(i) the costs of mobilizing and employing 
                        the National Guard for performance of eligible 
                        work;
                            ``(ii) 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;
                            ``(iii) base and overtime wages for 
                        employees and extra hires performing eligible 
                        work plus fringe benefits on such wages to the 
                        extent that such benefits were being paid 
                        before the major disaster; and
                            ``(iv) other expenses determined 
                        appropriated by the President.
            ``(2) Conditions for assistance for private nonprofit 
        facilities.--The President may make contributions for a private 
        nonprofit facility under paragraph (1)(B) only if--
                    ``(A) the facility provides critical infrastructure 
                in the event of a major disaster;
                    ``(B) the person that owns or operates 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) has been determined to be ineligible 
                        for such a loan; or
                    ``(C) the person that owns or operates the facility 
                has obtained such a loan in the maximum amount for 
                which the Small Business Administration determines the 
                facility is eligible.
            ``(3) 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 Appropriations of the 
                Senate;
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; 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 in the case of the repair, 
        restoration, reconstruction, or replacement of any eligible 
        public or private nonprofit facility--
                    ``(A) that has previously been damaged, on more 
                than 1 occasion, 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 be best 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 cost of repairing, restoring, 
                reconstructing, or replacing the facility and of 
                management costs, as estimated by the President.
                    ``(B) Use of funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        funds made available to a State or local 
                        government under this paragraph may be used to 
                        repair, restore, or expand other eligible 
                        public facilities, to construct new facilities, 
                        or 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.
                            ``(ii) 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 be best 
                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 cost of repairing, 
                restoring, reconstructing, or replacing the facility 
                and of management costs, as estimated by the President.
                    ``(B) Use of funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        funds made available to a person under this 
                        paragraph may be used to repair, restore, or 
                        expand other eligible private nonprofit 
                        facilities owned or operated by the person, to 
                        construct new private nonprofit facilities 
                        owned or operated by the person, or to fund 
                        hazard mitigation measures, that the person 
                        determines to be necessary to meet a need for 
                        services and functions in the area affected by 
                        the major disaster.
                            ``(ii) 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 developed 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 to 
                establish procedures and 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), 2 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) 
        shall take effect on 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)) shall take effect on the date on which the 
        procedures developed under paragraph (3) of that section take 
        effect.
    (e) Definition of Critical Infrastructure.--Section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122) is amended by adding at the end the following:
            ``(10) Critical infrastructure.--The term `critical 
        infrastructure' has the meaning given the term by the 
        President, but includes, at a minimum, the provision of power, 
        water (including water provided by a nongovernment entity), 
        sewer, wastewater treatment, communications, and essential 
        medical care.''.

SEC. 204. MITIGATION PLANNING; HAZARD RESISTANT CONSTRUCTION STANDARDS.

    (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 202(a)) is amended by adding at the end the 
following:

``SEC. 323. MITIGATION PLANNING.

    ``(a) Requirement of Mitigation Plan.--As a condition of receipt of 
a disaster loan or grant under this Act, a State, local, or tribal 
government shall develop and submit for approval to the Director of the 
Federal Emergency Management Agency 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 5 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;
                    ``(D) a process by which an assessment of the 
                effectiveness of a mitigation action may be carried out 
                after the mitigation action is complete; and
                    ``(E) hazard resistant construction standards, as 
                may be required under section 324.

``SEC. 324. HAZARD RESISTANT CONSTRUCTION STANDARDS.

    ``(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) 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 in the second sentence by striking ``section 409'' and 
        inserting ``section 323''.
            (2) Section 409 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

SEC. 205. 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.
            ``(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) having in effect an approved mitigation plan 
                under section 323; 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. 206. STUDY REGARDING COST REDUCTION.

    (a) Study.--The National Academy of Sciences shall conduct a study 
to estimate the reduction in Federal disaster assistance that has 
resulted and is likely to result from the enactment of this Act.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the National Academy of Sciences shall submit to Congress a 
report on the results of the study.

SEC. 207. 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 with 
urban interface that threatens such destruction as would constitute a 
major disaster.
    ``(b) Coordination With State Departments of Forestry.--In 
providing assistance under this section, the President shall coordinate 
with State 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. 208. 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 204) 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.--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--
            ``(1) to result in a significant reduction of assistance to 
        applicants for the assistance with respect to the major 
        disaster or emergency; or
            ``(2) 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.
    ``(c) Public Access.--The President shall promote public access to 
policies governing the implementation of the public assistance program.
    ``(d) No Legal Right of Action.--Nothing in this section confers a 
legal right of action on any party.''.

SEC. 209. 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. 210. TEMPORARY HOUSING ASSISTANCE.

    Section 408(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(c)) is amended--
            (1) by striking ``In lieu of'' and inserting the following:
            ``(1) In general.--In lieu of''; and
            (2) by adding at the end the following:
            ``(2) Limitation on assistance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of assistance provided to 
                a household under this subsection 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.
                    ``(B) Additional assistance.--The President may 
                provide additional assistance to a household that is 
                unable to secure temporary housing through insurance 
                proceeds or loans or other financial assistance from 
                the Small Business Administration or another Federal 
                agency.''.

SEC. 211. INDIVIDUAL AND FAMILY GRANT PROGRAM.

    Section 411 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5178) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The President, in consultation and coordination 
with a State, may make a grant directly, or through the State, to an 
individual or a family that is adversely affected by a major disaster 
to assist the individual or family in meeting disaster-related 
necessary expenses or serious needs of the individual or family, if the 
individual or family is unable to meet the expenses or needs through--
            ``(1) assistance under other provisions of this Act; or
            ``(2) other means.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Administrative Expenses.--If a State determines that a grant 
to an individual or a family under this section shall be made through 
the State, the State shall pay, without reimbursement from any funds 
made available under this Act, the cost of all administrative expenses 
associated with the management of the grant by the State.'';
            (3) by striking subsection (e); and
            (4) by redesignating subsection (f) as subsection (e).

                        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. 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 or local 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. 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 the 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. 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''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 707

_______________________________________________________________________

                               AMENDMENT

HR 707 EAS----2
HR 707 EAS----3
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HR 707 EAS----5
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