II

106TH CONGRESS

1ST SESSION S. 1691

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance

Act to authorize programs for predisaster mitigation, to streamline the

administration of disaster relief, to control the Federal costs of disaster

assistance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5, 1999

Mr. INHOFE (for himself, Mr. GRAHAM, and Mr. VOINOVICH) introduced the

following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize programs for

predisaster mitigation, to streamline the administration

of disaster relief, to control the Federal costs of disaster

assistance, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Disaster Mitigation Act of 1999’’.

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

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.

Sec. 102. Predisaster hazard mitigation.

Sec. 103. Maximum contribution for mitigation costs.

Sec. 104. Natural disaster mitigation zones.

Sec. 105. Interagency task force.

Sec. 106. Conforming amendment.

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. Federal assistance to households.

Sec. 205. State administration of hazard mitigation grant program.

Sec. 206. Study regarding cost reduction.

Sec. 207. Fire management assistance.

Sec. 208. Public comment requirement.

Sec. 209. Community disaster loans.

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. Inspector General.

Sec. 305. National Urban Search and Rescue Response System.

1 TITLE I—PREDISASTER HAZARD

2 MITIGATION

3 SEC. 101. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds that—

5 (1) natural disasters, including earthquakes,

6 tsunamis, tornadoes, hurricanes, and flooding, pose

7 great danger to human life and to property through8 out the United States;

9 (2) greater emphasis needs to be placed on—
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1 (A) identifying and assessing the risks to

2 States and local communities from natural dis3 asters;

4 (B) implementing adequate measures to

5 reduce losses from natural disasters; and

6 (C) ensuring that the critical infrastruc7 ture and facilities of communities will continue

8 to function after a natural disaster;

9 (3) expenditures for postdisaster assistance are

10 increasing without commensurate reductions in the

11 likelihood of future losses from natural disasters;

12 (4) in the expenditure of Federal funds under

13 the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5121 et seq.), high

15 priority should be given to mitigation of hazards to

16 existing and new construction at the local level; and

17 (5) with a unified effort of economic incentives,

18 awareness and education, technical assistance, and

19 demonstrated Federal support, States and local com20 munities will be able to—

21 (A) form effective community-based part22 nerships for hazard mitigation purposes;

23 (B) implement effective hazard mitigation

24 measures that reduce the potential damage

25 from natural disasters;
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1 (C) ensure continued functionality of the

2 critical infrastructure of communities;

3 (D) leverage additional non-Federal re4 sources in meeting natural disaster resistance

5 goals; and

6 (E) make commitments to long-term haz7 ard mitigation efforts to be applied to new and

8 existing construction.

9 (b) PURPOSE.—The purpose of this Act is to estab10 lish a national disaster hazard mitigation program—

11 (1) to reduce the loss of life and property,

12 human suffering, economic disruption, and disaster

13 assistance costs resulting from natural disasters;

14 and

15 (2) to provide a source of predisaster hazard

16 mitigation funding that will assist States and local

17 governments in implementing effective hazard miti18 gation measures that are designed to ensure the con19 tinued functionality of critical infrastructure and fa20 cilities after a natural disaster.

21 SEC. 102. PREDISASTER HAZARD MITIGATION.

22 Title II of the Robert T. Stafford Disaster Relief and

23 Emergency Assistance Act (42 U.S.C. 5131 et seq.) is

24 amended by adding at the end the following:
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1 ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION.

2 ‘‘(a) IN GENERAL.—The Director of the Federal

3 Emergency Management Agency (referred to in this sec4 tion as the ‘Director’) may establish a program to provide

5 technical and financial assistance to States and local gov6 ernments to assist in the implementation of predisaster

7 hazard mitigation measures designed to reduce injuries,

8 loss of life, and damage and destruction of property, in9 cluding damage to critical infrastructure and facilities

10 under the jurisdiction of the States or local governments.

11 ‘‘(b) APPROVAL BY DIRECTOR.—If the Director de12 termines that a State or local government has identified

13 all natural disaster hazards in areas under its jurisdiction

14 and has demonstrated the ability to form effective public15 private natural disaster hazard mitigation partnerships,

16 the Director, using amounts in the National Predisaster

17 Mitigation Fund established under subsection (e) (referred

18 to in this section as the ‘Fund’), may provide technical

19 and financial assistance to the State or local government

20 to be used in accordance with subsection (c).

21 ‘‘(c) USES OF TECHNICAL AND FINANCIAL ASSIST22 ANCE.—Technical and financial assistance provided under

23 subsection (b)—

24 ‘‘(1) shall be used by States and local govern25 ments principally to implement predisaster hazard
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1 mitigation measures described in proposals approved

2 by the Director under this section; and

3 ‘‘(2) may be used—

4 ‘‘(A) to support effective public-private

5 natural disaster hazard mitigation partnerships;

6 ‘‘(B) to ensure that new development and

7 construction is resistant to natural disasters;

8 ‘‘(C) to improve the assessment of a com9 munity’s vulnerability to natural hazards; or

10 ‘‘(D) to establish hazard mitigation prior11 ities, and an appropriate hazard mitigation

12 plan, for a community.

13 ‘‘(d) CRITERIA FOR ASSISTANCE AWARDS.—In deter14 mining whether to provide technical and financial assist15 ance to a State or local government under subsection (a),

16 the Director shall take into account—

17 ‘‘(1) the extent and nature of the hazards to be

18 mitigated;

19 ‘‘(2) the degree of commitment of the State or

20 local government to reduce damages from future

21 natural disasters; and

22 ‘‘(3) the degree of commitment by the State or

23 local government to support ongoing non-Federal

24 support for the hazard mitigation measures to be
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1 carried out using the technical and financial assist2 ance.

3 ‘‘(e) NATIONAL PREDISASTER MITIGATION FUND.—

4 ‘‘(1) ESTABLISHMENT.—The Director may es5 tablish in the Treasury of the United States a fund

6 to be known as the ‘National Predisaster Mitigation

7 Fund’, to be used in carrying out this section.

8 ‘‘(2) TRANSFERS TO FUND.—There shall be de9 posited in the Fund—

10 ‘‘(A) amounts appropriated to carry out

11 this section, which shall remain available until

12 expended; and

13 ‘‘(B) sums available from gifts, bequests,

14 or donations of services or property received by

15 the Director for the purpose of predisaster haz16 ard mitigation.

17 ‘‘(3) EXPENDITURES FROM FUND.—Upon re18 quest by the Director, the Secretary of the Treasury

19 shall transfer from the Fund to the Director such

20 amounts as the Director determines are necessary to

21 provide technical and financial assistance under this

22 section.

23 ‘‘(4) INVESTMENT OF AMOUNTS.—

24 ‘‘(A) IN GENERAL.—The Secretary of the

25 Treasury shall invest such portion of the Fund
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1 as is not, in the judgment of the Secretary of

2 the Treasury, required to meet current with3 drawals. Investments may be made only in in4 terest-bearing obligations of the United States.

5 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For

6 the purpose of investments under subparagraph

7 (A), obligations may be acquired—

8 ‘‘(i) on original issue at the issue

9 price; or

10 ‘‘(ii) by purchase of outstanding obli11 gations at the market price.

12 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga13 tion acquired by the Fund may be sold by the

14 Secretary of the Treasury at the market price.

15 ‘‘(D) CREDITS TO FUND.—The interest on,

16 and the proceeds from the sale or redemption

17 of, any obligations held in the Fund shall be

18 credited to and form a part of the Fund.

19 ‘‘(E) TRANSFERS OF AMOUNTS.—

20 ‘‘(i) IN GENERAL.—The amounts re21 quired to be transferred to the Fund under

22 this subsection shall be transferred at least

23 monthly from the general fund of the

24 Treasury to the Fund on the basis of esti-
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1 mates made by the Secretary of the Treas2 ury.

3 ‘‘(ii) ADJUSTMENTS.—Proper adjust4 ment shall be made in amounts subse5 quently transferred to the extent prior esti6 mates were in excess of or less than the

7 amounts required to be transferred.

8 ‘‘(f) MAXIMUM TOTAL FEDERAL SHARE.—Subject to

9 subsection (g), the amount of financial assistance provided

10 from the Fund shall not exceed an amount equal to 75

11 percent of the total costs of all hazard mitigation pro12 posals approved by the Director under this section.

13 ‘‘(g) LIMITATION ON TOTAL AMOUNT OF FINANCIAL

14 ASSISTANCE.—The Director shall not provide financial as15 sistance under this section in an amount greater than the

16 amount available in the Fund.

17 ‘‘(h) TERMINATION OF AUTHORITY.—The authority

18 provided by this section terminates December 31, 2003.’’.

19 SEC. 103. MAXIMUM CONTRIBUTION FOR MITIGATION

20 COSTS.

21 (a) IN GENERAL.—Section 404(a) of the Robert T.

22 Stafford Disaster Relief and Emergency Assistance Act

23 (42 U.S.C. 5170c(a)) is amended in the last sentence by

24 striking ‘‘15 percent’’ and inserting ‘‘20 percent’’.
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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall apply to each major disaster declared

3 under the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5121 et seq.) after the

5 date of enactment of this Act.

6 SEC. 104. NATURAL DISASTER MITIGATION ZONES.

7 Title II of the Robert T. Stafford Disaster Relief and

8 Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as

9 amended by section 102) is amended by adding at the end

10 the following:

11 ‘‘SEC. 204. NATURAL DISASTER MITIGATION ZONES.

12 ‘‘(a) DESIGNATION.—

13 ‘‘(1) IN GENERAL.—In consultation with States,

14 local governments, and appropriate Federal agencies,

15 the President shall designate as a natural disaster

16 mitigation zone each area in which commonly recur17 ring natural hazards (including flooding, hurricanes

18 and severe winds, seismic events, and other hazards)

19 create a substantial likelihood of disasters that may

20 require assistance under this Act.

21 ‘‘(2) FLOOD AND WIND ZONES.—At a min22 imum, the President shall designate as a natural dis23 aster mitigation zone each coastal flood zone identi24 fied on a map prepared under the national flood in25 surance program established under chapter 1 of the
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1 National Flood Insurance Act of 1968 (42 U.S.C.

2 4011 et seq.) that is also within a wind zone that

3 is identified by the American Society of Civil Engi4 neers under ASCE 7–98 (or a successor document)

5 and that has commonly recurring winds in excess of

6 90 miles per hour.

7 ‘‘(3) INTEGRATION AND DEVELOPMENT OF ALL8 HAZARD MAPS.—

9 ‘‘(A) IN GENERAL.—To carry out para10 graphs (1) and (2), the President shall direct

11 all appropriate Federal agencies that gather in12 formation relating to natural resources and nat13 ural and technological hazards to integrate, or

14 develop and maintain, comprehensive all-hazard

15 maps using global information systems tech16 nology.

17 ‘‘(B) COORDINATOR.—The President shall

18 designate the Director of the Federal Emer19 gency Management Agency to serve as coordi20 nator of the activities carried out under sub21 paragraph (A).

22 ‘‘(C) AVAILABILITY TO THE PUBLIC.—The

23 maps and other resources developed under sub24 paragraph (A) shall be made available to the

25 public.
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1 ‘‘(b) DISASTER MITIGATION POLICIES.—

2 ‘‘(1) IN GENERAL.—In order to reduce the like3 lihood or severity of damage from the hazards antici4 pated to occur in natural disaster mitigation zones,

5 the President may identify disaster mitigation poli6 cies for implementation in the zones, comparable to

7 Executive Order No. 11988 (42 U.S.C. 4321 note;

8 relating to flood-prone areas) and Executive Order

9 No. 12699 (55 Fed. Reg. 835; relating to seismic

10 hazards), including recommended voluntary min11 imum building codes, test methods, and specifica12 tions established by—

13 ‘‘(A) the American Society of Civil Engi14 neers;

15 ‘‘(B) the American Society for Testing and

16 Materials; or

17 ‘‘(C) any other voluntary consensus stand18 ard setting organization.

19 ‘‘(2) WIND IMPACT STANDARDS.—Disaster

20 mitigation policies identified by the President under

21 paragraph (1) shall include, with respect to any nat22 ural disaster mitigation zone designated under sub23 section (a)(2), wind impact standards contained in

24 the American Society for Testing and Materials
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1 Standards E1886 and 1996 (or successor stand2 ards).

3 ‘‘(c) CONDITIONS ON FEDERAL FUNDING OF NEW

4 FEDERAL BUILDINGS.—Each Federal agency responsible

5 for the design and construction of any new Federal build6 ing in a natural disaster mitigation zone shall ensure that

7 the building is designed and constructed in accordance

8 with the voluntary minimum building codes, test methods,

9 and specifications and other mitigation policies identified

10 under subsection (b).

11 ‘‘(d) INCENTIVES.—

12 ‘‘(1) IN GENERAL.—The President may provide

13 incentives—

14 ‘‘(A) to encourage owners of buildings lo15 cated in a natural disaster mitigation zone that

16 are not subject to subsection (c) to implement

17 the mitigation policies identified under sub18 section (b); and

19 ‘‘(B) to encourage the owners of buildings

20 located in a natural disaster mitigation zone to

21 build or modify the buildings in a manner that

22 is likely to produce more hazard mitigation ben23 efits than the minimum requirements of the

24 mitigation policies identified under subsection

25 (b).
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1 ‘‘(2) TYPES OF INCENTIVES.—Incentives pro2 vided under paragraph (1) may include—

3 ‘‘(A) lower premiums for Federal flood in4 surance under chapter 1 of the National Flood

5 Insurance Act of 1968 (42 U.S.C. 4011 et

6 seq.);

7 ‘‘(B) more favorable financing through

8 Federal loans, loan guarantees, and insured

9 loans; and

10 ‘‘(C) other incentives within the authority

11 of the President or any Federal agency to pro12 vide.

13 ‘‘(e) IMPLEMENTATION.—Not later than 18 months

14 after the date of enactment of this section, each Federal

15 agency that provides financing, insurance, or other assist16 ance for the construction, modification, or acquisition of

17 buildings in natural disaster mitigation zones shall issue

18 regulations to carry out this section.’’.

19 SEC. 105. INTERAGENCY TASK FORCE.

20 Title II of the Robert T. Stafford Disaster Relief and

21 Emergency Assistance Act (42 U.S.C. 5131 et seq.) (as

22 amended by section 104) is amended by adding at the end

23 the following:
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1 ‘‘SEC. 205. INTERAGENCY TASK FORCE.

2 ‘‘(a) IN GENERAL.—The President shall establish a

3 Federal interagency task force for the purpose of coordi4 nating the implementation of predisaster hazard mitiga5 tion programs administered by the Federal Government.

6 ‘‘(b) CHAIRPERSON.—The Director of the Federal

7 Emergency Management Agency shall serve as the chair8 person of the task force.

9 ‘‘(c) MEMBERSHIP.—The membership of the task

10 force shall include representatives of State and local gov11 ernment organizations and the Red Cross.’’.

12 SEC. 106. CONFORMING AMENDMENT.

13 Title II of the Robert T. Stafford Disaster Relief and

14 Emergency Assistance Act (42 U.S.C. 5131 et seq.) is

15 amended by striking the title heading and inserting the

16 following:
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1 ‘‘TITLE II—DISASTER PREPARED2 NESS AND MITIGATION AS3 SISTANCE’’

4 TITLE II—DISASTER PREPARED5 NESS AND MITIGATION AS6 SISTANCE

7 SEC. 201. INSURANCE.

8 Section 311(a)(2) of the Robert T. Stafford Disaster

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

10 5154(a)(2)) is amended—

11 (1) by striking ‘‘In’’ and inserting the following:

12 ‘‘(A) IN GENERAL.—In’’; and

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

14 ‘‘(B) REQUIRED INSURANCE OR SELF-IN15 SURANCE.—The President shall promulgate

16 regulations under which States, communities,

17 and other applicants subject to paragraph (1)

18 shall be required to protect property through

19 adequate levels of insurance or self-insurance

20 if—

21 ‘‘(i) the appropriate State insurance

22 commissioner makes the certification de23 scribed in subparagraph (A); and
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1 ‘‘(ii) the President determines that

2 the property is not adequately protected

3 against natural or other disasters.

4 ‘‘(C) REGULATIONS.—In promulgating any

5 new regulation requiring public structures to be

6 insured to be eligible for assistance, the Presi7 dent shall—

8 ‘‘(i) include in the regulation—

9 ‘‘(I) definitions relating to insur10 ance that are expressed in known and

11 generally accepted terms;

12 ‘‘(II) a definition of ‘adequate in13 surance’;

14 ‘‘(III) the specific criteria for a

15 waiver of any insurance eligibility re16 quirement under the regulation;

17 ‘‘(IV) a definition of ‘self-insur18 ance’ that is sufficiently flexible to

19 take into consideration alternative

20 risk financing;

21 ‘‘(V) available market research

22 used in determining the availability of

23 insurance; and

24 ‘‘(VI) a cost-benefit analysis; and

25 ‘‘(ii) consider—
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1 ‘‘(I) alternative risk-financing

2 mechanisms, including risk sharing

3 pools and self-insurance; and

4 ‘‘(II) the use of independent in5 surance experts to assist in developing

6 the proposed regulation.’’.

7 SEC. 202. MANAGEMENT COSTS.

8 (a) IN GENERAL.—Title III of the Robert T. Stafford

9 Disaster Relief and Emergency Assistance Act (42 U.S.C.

10 5141 et seq.) is amended by adding at the end the fol11 lowing:

12 ‘‘SEC. 322. MANAGEMENT COSTS.

13 ‘‘(a) DEFINITION OF MANAGEMENT COST.—In this

14 section, the term ‘management cost’ includes any indirect

15 cost, administrative expense, and any other expense not

16 directly chargeable to a specific project under a major dis17 aster, emergency, or disaster preparedness or mitigation

18 activity or measure.

19 ‘‘(b) MANAGEMENT COST RATES.—Notwithstanding

20 any other provision of law (including any administrative

21 rule or guidance), the President shall establish manage22 ment cost rates for grantees and subgrantees that shall

23 be used to determine contributions under this Act for

24 management costs.
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1 ‘‘(c) REVIEW.—The President shall review the man2 agement cost rates established under subsection (b) not

3 later than 3 years after the date of establishment of the

4 rates and periodically thereafter.

5 ‘‘(d) REGULATIONS.—The President shall promul6 gate regulations to define appropriate costs to be included

7 in management costs under this section.’’.

8 (b) APPLICABILITY.—Section 322 of the Robert T.

9 Stafford Disaster Relief and Emergency Assistance Act

10 (as added by subsection (a)) shall apply as follows:

11 (1) IN GENERAL.—Subsections (a), (b), and (d)

12 of section 322 of that Act shall apply to each major

13 disaster declared under that Act on or after the date

14 of enactment of this Act. Until the date on which

15 the President establishes the management cost rates

16 under subsection (b) of that section, section 406(f)

17 of the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5172(f)) shall be

19 used for establishing the rates.

20 (2) REVIEW.—Section 322(c) of that Act shall

21 apply to each major disaster declared under that Act

22 on or after the date on which the President estab23 lishes the management cost rates under section

24 322(b) of that Act.
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1 SEC. 203. ASSISTANCE TO REPAIR, RESTORE, RECON2 STRUCT, OR REPLACE DAMAGED FACILITIES.

3 (a) CONTRIBUTIONS.—Section 406 of the Robert T.

4 Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5172) is amended by striking subsection (a)

6 and inserting the following:

7 ‘‘(a) CONTRIBUTIONS.—

8 ‘‘(1) IN GENERAL.—The President may make

9 contributions—

10 ‘‘(A) to a State or local government for the

11 repair, restoration, reconstruction, or replace12 ment of a public facility that is damaged or de13 stroyed by a major disaster and for associated

14 expenses incurred by the government; and

15 ‘‘(B) subject to paragraph (2), to a person

16 that owns or operates a private nonprofit facil17 ity damaged or destroyed by a major disaster

18 for the repair, restoration, reconstruction, or re19 placement of the facility and for associated ex20 penses incurred by the person.

21 ‘‘(2) CONDITIONS FOR ASSISTANCE FOR PRI22 VATE NONPROFIT FACILITIES.—

23 ‘‘(A) CONDITIONS.—The President may

24 make contributions for a private nonprofit facil25 ity under paragraph (1)(B) only if—
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1 ‘‘(i) the facility provides critical infra2 structure in the event of a major disaster;

3 ‘‘(ii) the person that owns or operates

4 the facility—

5 ‘‘(I) has applied for a disaster

6 loan under section 7(b) of the Small

7 Business Act (15 U.S.C. 636(b)); and

8 ‘‘(II) has been determined to be

9 ineligible for such a loan; or

10 ‘‘(iii) the person that owns or operates

11 the facility has obtained such a loan in the

12 maximum amount for which the Small

13 Business Administration determines the fa14 cility is eligible.

15 ‘‘(B) DETERMINATION OF WHETHER TO

16 DECLARE A MAJOR DISASTER.—In determining

17 whether to declare under this Act that a major

18 disaster exists, the President shall not take into

19 account the amount of any disaster loan under

20 section 7(b) of the Small Business Act (15

21 U.S.C. 636(b)) that is made to a person that

22 owns or operates a private nonprofit facility

23 damaged or destroyed by the major disaster.

24 ‘‘(C) DETERMINATION OF AMOUNT OF

25 CONTRIBUTIONS.—In determining the amount
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1 of a contribution under paragraph (1)(B) to a

2 person that owns or operates a private non3 profit facility damaged or destroyed by a major

4 disaster and that has obtained a disaster loan

5 under section 7(b) of the Small Business Act

6 (15 U.S.C. 636(b)) with respect to the facility

7 and the major disaster, the President shall not

8 take into account the amount of the loan.’’.

9 (b) FEDERAL SHARE.—Section 406 of the Robert T.

10 Stafford Disaster Relief and Emergency Assistance Act

11 (42 U.S.C. 5172) is amended by striking subsection (b)

12 and inserting the following:

13 ‘‘(b) FEDERAL SHARE.—

14 ‘‘(1) MINIMUM FEDERAL SHARE.—Except as

15 provided in paragraph (2), the Federal share of as16 sistance under this section shall be not less than 75

17 percent of the eligible cost of repair, restoration, re18 construction, or replacement carried out under this

19 section.

20 ‘‘(2) REDUCED FEDERAL SHARE.—The Presi21 dent shall promulgate regulations to reduce the Fed22 eral share of assistance under this section in the

23 case of the repair, restoration, reconstruction, or re24 placement of any eligible public or private nonprofit

25 facility—
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1 ‘‘(A) that has previously been damaged, on

2 more than 1 occasion, by the same type of

3 event; and

4 ‘‘(B) the owner of which has failed to im5 plement mitigation measures to address the

6 hazard that caused the damage to the facility.’’.

7 (c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406

8 of the Robert T. Stafford Disaster Relief and Emergency

9 Assistance Act (42 U.S.C. 5172) is amended by striking

10 subsection (c) and inserting the following:

11 ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—

12 ‘‘(1) FOR PUBLIC FACILITIES.—

13 ‘‘(A) IN GENERAL.—In any case in which

14 a State or local government determines that the

15 public welfare would not be best served by re16 pairing, restoring, reconstructing, or replacing

17 any public facility owned or controlled by the

18 State or local government, the State or local

19 government may elect to receive, in lieu of a

20 contribution under subsection (a)(1)(A), a con21 tribution in an amount equal to 75 percent of

22 the Federal share of the cost of repairing, re23 storing, reconstructing, or replacing the facility

24 and of management costs, as estimated by the

25 President.
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1 ‘‘(B) USE OF FUNDS.—

2 ‘‘(i) IN GENERAL.—Subject to clause

3 (ii), funds made available to a State or

4 local government under this paragraph

5 may be used to repair, restore, or expand

6 other eligible public facilities, to construct

7 new facilities, or to fund hazard mitigation

8 measures, that the State or local govern9 ment determines to be necessary to meet a

10 need for governmental services and func11 tions in the area affected by the major dis12 aster.

13 ‘‘(ii) LIMITATIONS.—Funds made

14 available to a State or local government

15 under this paragraph may not be used

16 for—

17 ‘‘(I) any public facility located in

18 a regulatory floodway (as defined in

19 section 59.1 of title 44, Code of Fed20 eral Regulations (or a successor regu21 lation)); or

22 ‘‘(II) any uninsured public facil23 ity located in a special flood hazard

24 area identified by the Director of the

25 Federal Emergency Management
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1 Agency under the National Flood In2 surance Act of 1968 (42 U.S.C. 4001

3 et seq.).

4 ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.—

5 ‘‘(A) IN GENERAL.—In any case in which

6 a person that owns or operates a private non7 profit facility determines that the public welfare

8 would not be best served by repairing, restor9 ing, reconstructing, or replacing the facility, the

10 person may elect to receive, in lieu of a con11 tribution under subsection (a)(1)(B), a con12 tribution in an amount equal to 75 percent of

13 the Federal share of the cost of repairing, re14 storing, reconstructing, or replacing the facility

15 and of management costs, as estimated by the

16 President.

17 ‘‘(B) USE OF FUNDS.—

18 ‘‘(i) IN GENERAL.—Subject to clause

19 (ii), funds made available to a person

20 under this paragraph may be used to re21 pair, restore, or expand other eligible pri22 vate nonprofit facilities owned or operated

23 by the person, to construct new private

24 nonprofit facilities owned or operated by

25 the person, or to fund hazard mitigation
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1 measures, that the person determines to be

2 necessary to meet a need for services and

3 functions in the area affected by the major

4 disaster.

5 ‘‘(ii) LIMITATIONS.—Funds made

6 available to a person under this paragraph

7 may not be used for—

8 ‘‘(I) any private nonprofit facility

9 located in a regulatory floodway (as

10 defined in section 59.1 of title 44,

11 Code of Federal Regulations (or a

12 successor regulation)); or

13 ‘‘(II) any uninsured private non14 profit facility located in a special flood

15 hazard area identified by the Director

16 of the Federal Emergency Manage17 ment Agency under the National

18 Flood Insurance Act of 1968 (42

19 U.S.C. 4001 et seq.).’’.

20 (d) ELIGIBLE COST.—

21 (1) IN GENERAL.—Section 406 of the Robert T.

22 Stafford Disaster Relief and Emergency Assistance

23 Act (42 U.S.C. 5172) is amended by striking sub24 section (e) and inserting the following:

25 ‘‘(e) ELIGIBLE COST.—
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1 ‘‘(1) DETERMINATION.—

2 ‘‘(A) IN GENERAL.—For the purposes of

3 this section, the President shall estimate the eli4 gible cost of repairing, restoring, recon5 structing, or replacing a public facility or pri6 vate nonprofit facility—

7 ‘‘(i) on the basis of the design of the

8 facility as the facility existed immediately

9 before the major disaster; and

10 ‘‘(ii) in conformity with current appli11 cable codes, specifications, and standards

12 (including floodplain management and haz13 ard mitigation criteria required by the

14 President or under the Coastal Barrier Re15 sources Act (16 U.S.C. 3501 et seq.)).

16 ‘‘(B) COST ESTIMATION PROCEDURES.—

17 ‘‘(i) IN GENERAL.—Subject to para18 graph (2), the President shall use the cost

19 estimation procedures developed under

20 paragraph (3) to determine the eligible

21 cost under this subsection.

22 ‘‘(ii) APPLICABILITY.—The proce23 dures specified in this paragraph and para24 graph (2) shall apply only to projects the
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1 eligible cost of which is equal to or greater

2 than the amount specified in section 422.

3 ‘‘(2) MODIFICATION OF ELIGIBLE COST.—

4 ‘‘(A) ACTUAL COST OVER 100 BUT LESS

5 THAN OR EQUAL TO 120 PERCENT OF ESTI6 MATED COST.—If, after the date on which a

7 cost estimate under paragraph (1) is made, ad8 ditional disaster-related damage is discovered

9 and the total actual cost of the eligible repair,

10 restoration, reconstruction, or replacement of

11 the facility is greater than 100 but less than or

12 equal to 120 percent of the cost estimated

13 under paragraph (1), the President shall deter14 mine that the eligible cost shall be the actual

15 cost of the repair, restoration, reconstruction,

16 or replacement described in paragraph (1)(A).

17 ‘‘(B) ACTUAL COST EXCEEDS 120 PERCENT

18 OF ESTIMATED COST.—If, after the date on

19 which a cost estimate under paragraph (1) is

20 made, additional disaster-related damage is dis21 covered and the total actual cost of the eligible

22 repair, restoration, reconstruction, or replace23 ment of the facility exceeds 120 percent of the

24 cost estimated under paragraph (1), the Presi25 dent may determine that the eligible cost shall
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1 be the actual cost of the repair, restoration, re2 construction, or replacement described in para3 graph (1)(A).

4 ‘‘(3) EXPERT PANEL.—Not later than 18

5 months after the date of enactment of this para6 graph, the President, acting through the Director of

7 the Federal Emergency Management Agency, shall

8 establish an expert panel, which shall include rep9 resentatives from the construction industry and

10 State and local government, to develop procedures

11 for estimating the cost of repairing, restoring, recon12 structing, or replacing a facility consistent with in13 dustry practices.

14 ‘‘(4) SPECIAL RULE.—In any case in which the

15 facility being repaired, restored, reconstructed, or re16 placed under this section was under construction on

17 the date of the major disaster, the cost of repairing,

18 restoring, reconstructing, or replacing the facility

19 shall include, for the purposes of this section, only

20 those costs that, under the contract for the construc21 tion, are the owner’s responsibility and not the con22 tractor’s responsibility.’’.

23 (2) EFFECTIVE DATE.—The amendment made

24 by paragraph (1) shall take effect on the date of en25 actment of this Act, except that paragraph (1) of
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1 section 406(e) of the Robert T. Stafford Disaster

2 Relief and Emergency Assistance Act (as amended

3 by paragraph (1)) shall take effect on the date on

4 which the procedures developed under paragraph (3)

5 of that section take effect.

6 (e) DEFINITION OF CRITICAL INFRASTRUCTURE.—

7 Section 102 of the Robert T. Stafford Disaster Relief and

8 Emergency Assistance Act (42 U.S.C. 5122) is amended

9 by adding at the end the following:

10 ‘‘(10) CRITICAL INFRASTRUCTURE.—The term

11 ‘critical infrastructure’ has the meaning given the

12 term by the President, but includes, at a minimum,

13 the provision of power, water, sewer, wastewater

14 treatment, communications, and emergency medical

15 care.’’.

16 SEC. 204. FEDERAL ASSISTANCE TO HOUSEHOLDS.

17 (a) IN GENERAL.—Section 408 of the Robert T.

18 Stafford Disaster Relief and Emergency Assistance Act

19 (42 U.S.C. 5174) is amended to read as follows:

20 ‘‘SEC. 408. FEDERAL ASSISTANCE TO HOUSEHOLDS.

21 ‘‘(a) GENERAL AUTHORITY.—In accordance with this

22 section, the President, in consultation and coordination

23 with the Governor of an affected State, may provide finan24 cial assistance, and, if necessary, direct services, to house25 holds that—
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1 ‘‘(1) as a direct result of a major disaster have

2 necessary expenses and serious needs; and

3 ‘‘(2) are unable to meet the necessary expenses

4 and serious needs through other means, including

5 insurance proceeds or loan or other financial assist6 ance from the Small Business Administration or an7 other Federal agency, except that households apply8 ing for assistance under subsection (c)(2) shall not

9 be required to demonstrate an inability to meet nec10 essary expenses and serious needs through loan or

11 other financial assistance from the Small Business

12 Administration or another Federal agency.

13 ‘‘(b) HOUSING ASSISTANCE.—

14 ‘‘(1) ELIGIBILITY.—The President may provide

15 financial or other assistance under this section to

16 households to respond to the disaster-related hous17 ing needs of households—

18 ‘‘(A) that are displaced from their

19 predisaster primary residences; or

20 ‘‘(B) the predisaster primary residences of

21 which are rendered uninhabitable as a result of

22 damage caused by a major disaster.

23 ‘‘(2) DETERMINATION OF APPROPRIATE TYPES

24 OF ASSISTANCE.—
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1 ‘‘(A) IN GENERAL.—The President shall

2 determine appropriate types of housing assist3 ance to be provided to disaster victims under

4 this section based on considerations of cost ef5 fectiveness, convenience to disaster victims, and

6 such other factors as the President considers to

7 be appropriate.

8 ‘‘(B) MULTIPLE TYPES.—One or more

9 types of housing assistance may be provided,

10 based on the suitability and availability of the

11 types of assistance, to meet the needs of dis12 aster victims in a particular disaster situation.

13 ‘‘(c) TYPES OF HOUSING ASSISTANCE.—

14 ‘‘(1) MAXIMUM DURATION.—Federal financial

15 or direct assistance under this subsection shall be

16 provided for a period of not longer than 18 months

17 after the date of the declaration by the President of

18 the major disaster with respect to which the assist19 ance is provided, unless the President determines

20 that it is in the public interest to extend the 18-

21 month period.

22 ‘‘(2) TEMPORARY HOUSING.—

23 ‘‘(A) FINANCIAL ASSISTANCE.—

24 ‘‘(i) IN GENERAL.—The President

25 may provide financial assistance under this
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1 section to households to rent alternate

2 housing accommodations, existing rental

3 units, manufactured housing, recreational

4 vehicles, or other readily fabricated dwell5 ings.

6 ‘‘(ii) AMOUNT.—The amount of as7 sistance under clause (i) shall be based on

8 the sum of—

9 ‘‘(I) the fair market rent for the

10 accommodation being provided; and

11 ‘‘(II) the cost of any transpor12 tation, utility hookups, or unit instal13 lation not being directly provided by

14 the President.

15 ‘‘(B) DIRECT ASSISTANCE.—

16 ‘‘(i) IN GENERAL.—Under this sec17 tion, the President may directly provide

18 housing units, acquired by purchase or

19 lease, to households that, because of a lack

20 of available housing resources, would be

21 unable to make use of the assistance pro22 vided under subparagraph (A).

23 ‘‘(ii) COLLECTION OF RENT.—After

24 the end of the 18-month period described

25 in paragraph (1), the President may
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1 charge fair market rent for a housing unit

2 provided under clause (i).

3 ‘‘(3) REPAIRS.—

4 ‘‘(A) IN GENERAL.—The President may

5 provide financial assistance for the repair, to a

6 habitable or functioning condition, of owner-oc7 cupied primary residences, utilities, and resi8 dential infrastructure (such as private access

9 routes) damaged by a major disaster.

10 ‘‘(B) EMERGENCY REPAIRS.—To be eligi11 ble to receive assistance under subparagraph

12 (A), a recipient shall not be required to dem13 onstrate that the recipient is unable to meet the

14 need for the assistance through other means,

15 except insurance proceeds, if the assistance—

16 ‘‘(i) is used for emergency repairs to

17 make a private primary residence habit18 able; and

19 ‘‘(ii) does not exceed $5,000, as ad20 justed annually to reflect changes in the

21 Consumer Price Index for All Urban Con22 sumers published by the Department of

23 Labor.

24 ‘‘(4) PERMANENT HOUSING CONSTRUCTION.—

25 The President may provide financial assistance or
35

•S 1691 IS

1 direct assistance under this section to households to

2 construct permanent housing in insular areas out3 side the continental United States and in other re4 mote locations in cases in which—

5 ‘‘(A) no alternative housing resources are

6 available;

7 ‘‘(B) the types of temporary housing as8 sistance described in paragraph (2) are unavail9 able, infeasible, or not cost effective; and

10 ‘‘(C) the household has applied for and has

11 been determined to be ineligible for a disaster

12 loan under section 7(b) of the Small Business

13 Act (15 U.S.C. 636(b)).

14 ‘‘(d) TERMS AND CONDITIONS RELATING TO HOUS15 ING ASSISTANCE.—

16 ‘‘(1) SITES.—

17 ‘‘(A) IN GENERAL.—Any readily fabricated

18 dwelling provided under this section shall,

19 whenever practicable, be located on a site

20 that—

21 ‘‘(i) is provided by the State or local

22 government; and

23 ‘‘(ii) is complete with utilities provided

24 by the State or local government, by the
36

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1 owner of the site, or by the occupant that

2 was displaced by the major disaster.

3 ‘‘(B) SITES PROVIDED BY THE PRESI4 DENT.—Readily fabricated dwellings may be lo5 cated on sites provided by the President if the

6 President determines that the sites would be

7 more economical or accessible.

8 ‘‘(2) DISPOSAL OF UNITS.—

9 ‘‘(A) SALE TO OCCUPANTS.—

10 ‘‘(i) IN GENERAL.—Notwithstanding

11 any other provision of law, a temporary

12 housing unit purchased under this section

13 by the President for the purpose of hous14 ing disaster victims may be sold directly to

15 the household that is occupying the unit if

16 the household needs permanent housing.

17 ‘‘(ii) SALES PRICE.—Sales of tem18 porary housing units under clause (i) shall

19 be accomplished at prices that are fair and

20 equitable.

21 ‘‘(iii) DEPOSIT OF PROCEEDS.—Not22 withstanding any other provision of law,

23 the proceeds of a sale under clause (i) shall

24 be deposited into the appropriate Disaster

25 Relief Fund account.
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1 ‘‘(iv) USE OF GENERAL SERVICES AD2 MINISTRATION SERVICES.—The President

3 may use the services of the General Serv4 ices Administration to accomplish a sale

5 under clause (i).

6 ‘‘(B) OTHER METHODS OF DISPOSAL.—

7 ‘‘(i) SALE.—If not disposed of under

8 subparagraph (A), a temporary housing

9 unit purchased by the President for the

10 purpose of housing disaster victims may be

11 resold.

12 ‘‘(ii) DISPOSAL TO GOVERNMENT EN13 TITIES AND VOLUNTARY ORGANIZA14 TIONS.—A temporary housing unit de15 scribed in clause (i) may be sold, trans16 ferred, donated, or otherwise made avail17 able directly to a State or other govern18 ment entity or to a voluntary organization,

19 giving priority to State and local govern20 ments, for the sole purpose of providing

21 temporary housing to victims of major dis22 asters and emergencies if, as a condition of

23 the sale, transfer, donation, or other mak24 ing available, the State, other government

25 entity, or voluntary organization agrees—
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1 ‘‘(I) to comply with the non2 discrimination provisions of section

3 308; and

4 ‘‘(II) to obtain and maintain haz5 ard and flood insurance on the hous6 ing unit.

7 ‘‘(e) TEMPORARY MORTGAGE OR RENTAL PAYMENT

8 ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The President may provide

10 assistance on a temporary basis in the form of mort11 gage or rental payments on behalf of individuals or

12 families who, as a result of financial hardship caused

13 by a major disaster, are at risk of dispossession or

14 eviction from a residence by reason of a foreclosure

15 of a mortgage or lien, cancellation of a contract or

16 sale, or termination of a lease, entered into before

17 the major disaster.

18 ‘‘(2) DURATION OF FINANCIAL ASSISTANCE.—

19 Assistance under paragraph (1) shall be provided for

20 the period of the financial hardship but not to ex21 ceed 18 months.

22 ‘‘(f) FINANCIAL ASSISTANCE TO ADDRESS OTHER

23 NEEDS.—

24 ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX25 PENSES.—The President, in consultation and coordi-
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1 nation with the Governor of the affected State, may

2 provide financial assistance under this section to a

3 household adversely affected by a major disaster to

4 meet disaster-related medical, dental, and funeral

5 expenses.

6 ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION,

7 AND OTHER EXPENSES.—The President, in con8 sultation and coordination with the Governor of the

9 affected State, may provide financial assistance

10 under this section to a household described in para11 graph (1) to address personal property, transpor12 tation, and other necessary expenses or serious

13 needs resulting from the major disaster.

14 ‘‘(g) STATE ROLE.—The President shall provide for

15 the substantial and ongoing involvement of the affected

16 State in administering assistance under this section.

17 ‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.—The max18 imum amount of financial assistance that a household may

19 receive under this section with respect to a single major

20 disaster shall be $25,000, as adjusted annually to reflect

21 changes in the Consumer Price Index for All Urban Con22 sumers published by the Department of Labor.

23 ‘‘(i) REGULATIONS.—The President shall promulgate

24 regulations to carry out the program established by this
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1 section, including criteria, standards, and procedures for

2 determining eligibility for assistance.’’.

3 (b) CONFORMING AMENDMENT.—Section 502(a)(6)

4 of the Robert T. Stafford Disaster Relief and Emergency

5 Assistance Act (42 U.S.C. 5192(a)(6)) is amended by

6 striking ‘‘temporary housing’’.

7 (c) REPEAL OF INDIVIDUAL AND FAMILY GRANT

8 PROGRAMS.—

9 (1) IN GENERAL.—Section 411 of the Robert T.

10 Stafford Disaster Relief and Emergency Assistance

11 Act (42 U.S.C. 5178) is repealed.

12 (2) CONFORMING AMENDMENT.—Section 204

13 of the Omnibus Insular Areas Act of 1992 (42

14 U.S.C. 5204c) is amended by striking ‘‘408, and

15 411’’ and inserting ‘‘, and 408’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section take effect 18 months after the date of enact18 ment of this Act.

19 SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION

20 GRANT PROGRAM.

21 Section 404 of the Robert T. Stafford Disaster Relief

22 and Emergency Assistance Act (42 U.S.C. 5170c) is

23 amended by adding at the end the following:

24 ‘‘(c) PROGRAM ADMINISTRATION BY STATES.—
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1 ‘‘(1) IN GENERAL.—A State desiring to admin2 ister the hazard mitigation grant program estab3 lished by this section with respect to hazard mitiga4 tion assistance in the State may submit to the Presi5 dent an application for the delegation of the author6 ity.

7 ‘‘(2) CRITERIA.—The President, in consultation

8 and coordination with States and local governments,

9 shall establish criteria for the approval of applica10 tions submitted under paragraph (1). The criteria

11 shall include, at a minimum—

12 ‘‘(A) the demonstrated ability of the State

13 to manage the grant program under this sec14 tion;

15 ‘‘(B) submission of the plan required under

16 section 201(c); and

17 ‘‘(C) a demonstrated commitment to miti18 gation activities.

19 ‘‘(3) APPROVAL.—The President shall approve

20 an application submitted under paragraph (1) that

21 meets the criteria established under paragraph (2).

22 ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after

23 approving an application of a State submitted under

24 paragraph (1), the President determines that the

25 State is not administering the hazard mitigation
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1 grant program established by this section in a man2 ner satisfactory to the President, the President shall

3 withdraw the approval.

4 ‘‘(5) AUDITS.—The President shall provide for

5 periodic audits of the hazard mitigation grant pro6 grams administered by States under this sub7 section.’’.

8 SEC. 206. STUDY REGARDING COST REDUCTION.

9 (a) STUDY.—The Comptroller General of the United

10 States shall conduct a study to estimate the reduction in

11 Federal disaster assistance that has resulted and is likely

12 to result from the enactment of this Act.

13 (b) REPORT.—Not later than 3 years after the date

14 of enactment of this Act, the Comptroller General shall

15 submit to Congress a report on the results of the study.

16 SEC. 207. FIRE MANAGEMENT ASSISTANCE.

17 (a) IN GENERAL.—Section 420 of the Robert T.

18 Stafford Disaster Relief and Emergency Assistance Act

19 (42 U.S.C. 5187) is amended to read as follows:

20 ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE.

21 ‘‘(a) IN GENERAL.—The President is authorized to

22 provide assistance, including grants, equipment, supplies,

23 and personnel, to any State or local government for the

24 management and control of any fire on public or private
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1 forest land or grassland with urban interface that threat2 ens such destruction as would constitute a major disaster.

3 ‘‘(b) ESSENTIAL ASSISTANCE.—In providing assist4 ance under this section, the President may use the author5 ity provided under section 403.

6 ‘‘(c) RULES AND REGULATIONS.—The President

7 shall prescribe such rules and regulations as are necessary

8 to carry out this section.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) takes effect 1 year after the date of enact11 ment of this Act.

12 SEC. 208. PUBLIC COMMENT REQUIREMENT.

13 Title III of the Robert T. Stafford Disaster Relief

14 and Emergency Assistance Act (42 U.S.C. 5141 et seq.)

15 (as amended by section 202(a)) is amended by adding at

16 the end the following:

17 ‘‘SEC. 323. PUBLIC COMMENT REQUIREMENT.

18 ‘‘(a) IN GENERAL.—The President shall provide an

19 opportunity for public comment before adopting any new

20 or modified policy governing implementation of the public

21 assistance program administered by the Federal Emer22 gency Management Agency under this Act.

23 ‘‘(b) CONSULTATION.—

24 ‘‘(1) IN GENERAL.—The President, to the max25 imum extent practicable, shall solicit the views and
44

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1 recommendations of grantees under the program

2 concerning any potential policy to be implemented

3 under the program if the policy is likely—

4 ‘‘(A) to have a significant financial impact

5 on the victims of a major disaster or emergency

6 declared under this Act; or

7 ‘‘(B) to change the terms of a written

8 agreement concerning a declaration of a major

9 disaster or emergency under this Act.

10 ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in

11 paragraph (1) confers a legal right of action on any

12 party.

13 ‘‘(c) RETROACTIVE APPLICATION OF POLICIES.—The

14 President may not adopt any new or modified policy that

15 would reduce retroactively the amount of assistance pro16 vided to a State or local government under this Act.’’.

17 SEC. 209. COMMUNITY DISASTER LOANS.

18 Section 417(a) of the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5184(a))

20 is amended—

21 (1) by striking ‘‘(a) The President’’ and insert22 ing the following:

23 ‘‘(a) IN GENERAL.—The President’’;

24 (2) by striking ‘‘The amount’’ and inserting the

25 following:
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•S 1691 IS

1 ‘‘(b) AMOUNT.—The amount’’;

2 (3) by striking ‘‘Repayment’’ and inserting the

3 following:

4 ‘‘(c) REPAYMENT.—

5 ‘‘(1) CANCELLATION.—Repayment’’;

6 (4) in subsection (b) (as designated by para7 graph (2))—

8 (A) by striking ‘‘and shall’’ and inserting

9 ‘‘shall’’; and

10 (B) by inserting before the period at the

11 end the following: ‘‘, and shall not exceed

12 $5,000,000’’; and

13 (5) in subsection (c) (as designated by para14 graph (3)), by adding at the end the following:

15 ‘‘(2) CONDITION ON CONTINUING ELIGI16 BILITY.—A local government shall not be eligible for

17 further assistance under this section during any pe18 riod in which the local government is in arrears with

19 respect to a required repayment of a loan under this

20 section.’’.

21 TITLE III—MISCELLANEOUS

22 SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

23 The first section of the Robert T. Stafford Disaster

24 Relief and Emergency Assistance Act (42 U.S.C. 5121

25 note) is amended to read as follows:
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•S 1691 IS

1 ‘‘SECTION 1. SHORT TITLE.

2 ‘‘This Act may be cited as the ‘Robert T. Stafford

3 Disaster Relief and Emergency Assistance Act’.’’.

4 SEC. 302. DEFINITIONS.

5 Section 102 of the Robert T. Stafford Disaster Relief

6 and Emergency Assistance Act (42 U.S.C. 5122) is

7 amended in each of paragraphs (3) and (4) by striking

8 ‘‘the Northern’’ and all that follows through ‘‘Pacific Is9 lands’’ and inserting ‘‘and the Commonwealth of the

10 Northern Mariana Islands’’.

11 SEC. 303. PUBLIC SAFETY OFFICER BENEFITS FOR CER12 TAIN FEDERAL AND STATE EMPLOYEES.

13 (a) IN GENERAL.—Section 1204 of the Omnibus

14 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

15 3796b) is amended by striking paragraph (7) and insert16 ing the following:

17 ‘‘(7) ‘public safety officer’ means—

18 ‘‘(A) an individual serving a public agency

19 in an official capacity, with or without com20 pensation, as a law enforcement officer, as a

21 firefighter, or as a member of a rescue squad

22 or ambulance crew;

23 ‘‘(B) an employee of the Federal Emer24 gency Management Agency who is performing

25 official duties of the Agency in an area, if those

26 official duties—
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1 ‘‘(i) are related to a major disaster or

2 emergency that has been, or is later, de3 clared to exist with respect to the area

4 under the Robert T. Stafford Disaster Re5 lief and Emergency Assistance Act (42

6 U.S.C. 5121 et seq.); and

7 ‘‘(ii) are determined by the Director

8 of the Federal Emergency Management

9 Agency to be hazardous duties; or

10 ‘‘(C) an employee of a State or local emer11 gency management or civil defense agency who

12 is performing official duties in cooperation with

13 the Federal Emergency Management Agency in

14 an area, if those official duties—

15 ‘‘(i) are related to a major disaster or

16 emergency that has been, or is later, de17 clared to exist with respect to the area

18 under the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42

20 U.S.C. 5121 et seq.); and

21 ‘‘(ii) are determined by the head of

22 the agency to be hazardous duties.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) applies only to employees described in sub25 paragraphs (B) and (C) of section 1204(7) of the Omni-
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1 bus Crime Control and Safe Streets Act of 1968 (as

2 amended by subsection (a)) who are injured or who die

3 in the line of duty on or after the date of enactment of

4 this Act.

5 SEC. 304. INSPECTOR GENERAL.

6 Title VII of the Robert T. Stafford Disaster Relief

7 and Emergency Assistance Act (42 U.S.C. 5101 et seq.)

8 is amended by adding at the end the following:

9 ‘‘SEC. 705. INSPECTOR GENERAL.

10 ‘‘(a) STATUTE OF LIMITATIONS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), no administrative action to recover any

13 payment made to a State or local government for

14 emergency or disaster assistance under this Act shall

15 be initiated in any forum after the date that is 3

16 years after the date of transmission of the final ex17 penditure report for the emergency or disaster.

18 ‘‘(2) FRAUD EXCEPTION.—The limitation under

19 paragraph (1) shall apply unless there is evidence of

20 civil or criminal fraud.

21 ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD

22 MAINTENANCE.—

23 ‘‘(1) IN GENERAL.—In any dispute arising

24 under this section, there shall be a presumption that

25 accounting records were maintained that adequately
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1 identify the source and application of funds provided

2 for financially assisted activities.

3 ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump4 tion described in paragraph (1) may be rebutted

5 only on production of affirmative evidence that the

6 State or local government did not maintain docu7 mentation described in that paragraph.

8 ‘‘(3) INABILITY TO PRODUCE DOCUMENTA9 TION.—The inability of the Federal, State, or local

10 government to produce source documentation sup11 porting expenditure reports later than 3 years after

12 the date of the transmission of the final expenditure

13 report shall not constitute evidence to rebut the pre14 sumption described in paragraph (1).

15 ‘‘(4) RIGHT OF ACCESS.—The period during

16 which the Federal, State, or local government has

17 the right to access source documentation shall not be

18 limited to the required 3-year retention period re19 ferred to in paragraph (3), but shall last as long as

20 the records are maintained.

21 ‘‘(c) AUDIT STANDARDS.—A State or local govern22 ment shall not be liable for reimbursement or any other

23 penalty for any payment made under this Act if—

24 ‘‘(1) the payment was authorized by an ap25 proved agreement specifying the costs;
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1 ‘‘(2) the costs were reasonable; and

2 ‘‘(3) the purpose of the grant was accom3 plished.’’.

4 SEC. 305. NATIONAL URBAN SEARCH AND RESCUE RE5 SPONSE SYSTEM.

6 Texas Task Force 1, located in College Station,

7 Texas, is designated as a federally recognized member of

8 the National Urban Search and Rescue Response System.

Æ