In the Senate of the United States,
July 19, 2000.
Resolved, That the bill from the House of Representa-
tives (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 ‘‘Dis-
aster 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.
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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 dis-
asters;
(B) implementing adequate measures to re-
duce losses from natural disasters; and
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(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 As-
sistance 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 com-
munities will be able to—
(A) form effective community-based partner-
ships 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 re-
sources in meeting natural disaster resistance
goals; and
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‘‘(C) to improve the assessment of a commu-
nity’s vulnerability to natural hazards; or
‘‘(D) to establish hazard mitigation prior-
ities, and an appropriate hazard mitigation
plan, for a community.
‘‘(d) CRITERIA FOR ASSISTANCE AWARDS.—In deter-
mining whether to provide technical and financial assist-
ance 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 nat-
ural disasters;
‘‘(3) the degree of commitment by the State or
local government to support ongoing non-Federal sup-
port 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 fi-
nancial assistance contribute to the mitigation goals
and priorities established by the State as a condition
of receipt of the annual emergency management per-
formance grant awarded to the State by the Federal
Emergency Management Agency.
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‘‘(e) NATIONAL PREDISASTER MITIGATION FUND.—
‘‘(1) ESTABLISHMENT.—The Director may estab-
lish 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 de-
posited 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.
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Investments may be made only in interest-bear-
ing 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 obli-
gations at the market price.
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion 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 cred-
ited to and form a part of the Fund.
‘‘(E) TRANSFERS OF AMOUNTS.—
‘‘(i) IN
GENERAL.—The amounts re-
quired to be transferred to the Fund under
this subsection shall be transferred at least
monthly from the general fund of the Treas-
ury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
‘‘(ii) ADJUSTMENTS.—Proper adjust-
ment shall be made in amounts subse-
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quently transferred to the extent prior esti-
mates 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 per-
cent 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 as-
sistance 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 coordi-
nating the implementation of predisaster hazard mitigation
programs administered by the Federal Government.
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‘‘(b) CHAIRPERSON.—The Director of the Federal
Emergency Management Agency shall serve as the chair-
person 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 PREPARED-
NESS AND MITIGATION AS-
SISTANCE
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-IN-
SURANCE.—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 prop-
erty through adequate levels of insurance or self-
insurance if—
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‘‘(i) the appropriate State insurance
commissioner makes the certification de-
scribed 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 insur-
ance that are expressed in known and
generally accepted terms;
‘‘(II) a definition of ‘adequate in-
surance’;
‘‘(III) the specific criteria for a
waiver of any insurance eligibility re-
quirement under the regulation;
‘‘(IV) a definition of ‘self-insur-
ance’ that is sufficiently flexible to take
into consideration alternative risk fi-
nancing methods;
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‘‘(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 ex-
perts in insurance, disaster prepared-
ness, risk management, and finance to
assist in developing the proposed regu-
lation.’’.
(b) TECHNICAL AMENDMENTS.—Section 311 of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 ap-
pears 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:
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‘‘SEC. 322. MANAGEMENT COSTS.
‘‘(a) DEFINITION OF MANAGEMENT COST.—In this sec-
tion, 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 manage-
ment 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
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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 As-
sistance Act (42 U.S.C. 5172(f)) shall be used for es-
tablishing 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 sub-
section (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. Staf-
ford Disaster Relief and Emergency Assistance Act
(as added by subsection (a)).
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SEC. 203. ASSISTANCE TO REPAIR, RESTORE, RECON-
STRUCT, 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 in-
serting 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 re-
placement of a public facility that is dam-
aged or destroyed by a major disaster and
for associated expenses incurred by the gov-
ernment; and
‘‘(ii) subject to paragraph (2), to a
person that owns or operates a private non-
profit 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 pur-
poses of this section, associated expenses shall
include—
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‘‘(i) the costs of mobilizing and em-
ploying the National Guard for performance
of eligible work;
‘‘(ii) the costs of using prison labor to
perform eligible work, including wages actu-
ally paid, transportation to a worksite, and
extraordinary costs of guards, food, and
lodging;
‘‘(iii) base and overtime wages for em-
ployees 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 appro-
priated 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 infra-
structure in the event of a major disaster;
‘‘(B) the person that owns or operates the
facility—
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‘‘(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 ineli-
gible for such a loan; or
‘‘(C) the person that owns or operates the
facility has obtained such a loan in the max-
imum amount for which the Small Business Ad-
ministration determines the facility is eligible.
‘‘(3) NOTIFICATION TO CONGRESS.—Before mak-
ing 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 in-
serting the following:
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‘‘(b) FEDERAL SHARE.—
‘‘(1) MINIMUM FEDERAL SHARE.—Except as pro-
vided in paragraph (2), the Federal share of assist-
ance under this section shall be not less than 75 per-
cent of the eligible cost of repair, restoration, recon-
struction, or replacement carried out under this sec-
tion.
‘‘(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 imple-
ment appropriate mitigation measures to ad-
dress 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 As-
sistance Act (42 U.S.C. 5172) is amended by striking sub-
section (c) and inserting the following:
‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—
‘‘(1) FOR PUBLIC FACILITIES.—
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‘‘(A) IN GENERAL.—In any case in which a
State or local government determines that the
public welfare would not be best served by re-
pairing, restoring, reconstructing, or replacing
any public facility owned or controlled by the
State or local government, the State or local gov-
ernment may elect to receive, in lieu of a con-
tribution under subsection (a)(1)(A), a contribu-
tion 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 fa-
cilities, or to fund hazard mitigation meas-
ures, that the State or local government de-
termines 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
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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 regula-
tion)); or
‘‘(II) any uninsured public facil-
ity located in a special flood hazard
area identified by the Director of the
Federal Emergency Management Agen-
cy 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, recon-
structing, 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.
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‘‘(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, re-
store, or expand other eligible private non-
profit 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 non-
profit facility located in a special flood
hazard area identified by the Director
of the Federal Emergency Management
Agency under the National Flood In-
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surance 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 sub-
section (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 re-
placing a public facility or private nonprofit
facility—
‘‘(i) on the basis of the design of the fa-
cility as the facility existed immediately be-
fore the major disaster; and
‘‘(ii) in conformity with codes, speci-
fications, and standards (including flood-
plain 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.—
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‘‘(i) IN
GENERAL.—Subject to para-
graph (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 es-
tablished under paragraph (3) of the cost esti-
mated under paragraph (1), the President may
determine that the eligible cost includes a por-
tion 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.—
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‘‘(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 govern-
ment 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 suf-
fering 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 assist-
ance under this section shall reimburse the
President in the amount of the difference.
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‘‘(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 para-
graph, the President, acting through the Director
of the Federal Emergency Management Agency,
shall establish an expert panel, which shall in-
clude representatives from the construction in-
dustry and State and local government.
‘‘(B) DUTIES.—The expert panel shall de-
velop 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 promul-
gate regulations to establish procedures and the
ceiling and floor percentages referred to in para-
graph (2).
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‘‘(D) REVIEW
BY
PRESIDENT.—Not later
than 2 years after the date of promulgation of
regulations under subparagraph (C) and periodi-
cally thereafter, the President shall review the
cost estimation procedures and the ceiling and
floor percentages established under this para-
graph.
‘‘(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 pe-
riod 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 re-
placed 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 construc-
tion, are the owner’s responsibility and not the con-
tractor’s responsibility.’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall take effect on the date of enact-
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ment 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 proce-
dures developed under paragraph (3) of that section
take effect.
(e) DEFINITION OF CRITICAL INFRASTRUCTURE.—Sec-
tion 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 pro-
vided by a nongovernment entity), sewer, wastewater
treatment, communications, and essential medical
care.’’.
SEC. 204. MITIGATION PLANNING; HAZARD RESISTANT CON-
STRUCTION 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:
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‘‘SEC. 323. MITIGATION PLANNING.
‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As a con-
dition of receipt of a disaster loan or grant under this Act,
a State, local, or tribal government shall develop and sub-
mit for approval to the Director of the Federal Emergency
Management Agency a mitigation plan that outlines proc-
esses for identifying the natural hazards, risks, and
vulnerabilities of the area under the jurisdiction of the gov-
ernment.
‘‘(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 ac-
tions.
‘‘(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 avail-
able.
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‘‘(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 trib-
al government may use an amount of Federal con-
tributions 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 govern-
ment.
‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD MITI-
GATION MEASURES.—
‘‘(1) IN GENERAL.—If, at the time of the declara-
tion of a major disaster, a State has in effect an ap-
proved mitigation plan under this section, the Presi-
dent 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 deter-
mining whether to increase the maximum percentage
under paragraph (1), the President shall consider
whether the State has established—
‘‘(A) eligibility criteria for property acqui-
sition and other types of mitigation measures;
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‘‘(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 com-
plete; and
‘‘(E) hazard resistant construction stand-
ards, as may be required under section 324.
‘‘SEC. 324. HAZARD RESISTANT CONSTRUCTION STAND-
ARDS.
‘‘(a) IN GENERAL.—As a condition of receipt of a dis-
aster 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, de-
cency, and sanitation and in conformity with appli-
cable 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 dis-
aster loan or grant under this Act shall provide such evi-
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dence of compliance with this section as the President may
require by regulation.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 404(a) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5170c(a)) is amended in the second sentence by strik-
ing ‘‘section 409’’ and inserting ‘‘section 323’’.
(2) Section 409 of the Robert T. Stafford Dis-
aster 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 amend-
ed by adding at the end the following:
‘‘(c) PROGRAM ADMINISTRATION BY STATES.—
‘‘(1) IN GENERAL.—A State desiring to admin-
ister the hazard mitigation grant program established
by this section with respect to hazard mitigation as-
sistance 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 applica-
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tions 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 mitiga-
tion plan under section 323; and
‘‘(C) a demonstrated commitment to mitiga-
tion 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 ap-
proving 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 man-
ner satisfactory to the President, the President shall
withdraw the approval.
‘‘(5) AUDITS.—The President shall provide for
periodic audits of the hazard mitigation grant pro-
grams 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 dis-
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aster 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. Staf-
ford 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 dis-
aster.
‘‘(b) COORDINATION WITH STATE DEPARTMENTS OF
FORESTRY.—In providing assistance under this section, the
President shall coordinate with State departments of for-
estry.
‘‘(c) ESSENTIAL ASSISTANCE.—In providing assist-
ance under this section, the President may use the authority
provided under section 403.
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‘‘(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 sub-
section (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.
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‘‘(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
POLI-
CIES.—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 prac-
ticable, 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 assist-
ance 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 con-
cerning the declaration of the major disaster or emer-
gency.
‘‘(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.’’.