[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2361 Reported in Senate (RS)]





                                                       Calendar No. 569

105th CONGRESS

  2d Session

                                S. 2361

                          [Report No. 105-326]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 11, 1998

                        Reported with amendments





                                                       Calendar No. 569
105th CONGRESS
  2d Session
                                S. 2361

                          [Report No. 105-326]

     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

                             July 27, 1998

Mr. Inhofe (for himself and Mr. Graham) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           September 11, 1998

                Reported by Mr. Chafee, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Disaster 
Mitigation Act of 1998''.
    (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. State mitigation program.
Sec. 103. Disaster assistance plans.
Sec. 104. Predisaster hazard mitigation.
Sec. 105. Study regarding predisaster hazard mitigation.
Sec. 106. Interagency task force.
Sec. 107. Maximum contribution for mitigation costs.
Sec. 108. Conforming amendment.
               TITLE II--STREAMLINING AND COST REDUCTION

Sec. 201. Management costs.
Sec. 202. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 203. Federal assistance to individuals and households.
Sec. 204. Repeals.
Sec. 205. State administration of hazard mitigation <DELETED>assistance</DELETED> 
                            grant program.
Sec. 206. Streamlining of damaged facilities program.
Sec. 207. Study regarding cost reduction.
Sec. 208. Study regarding disaster insurance for public infrastructure.
Sec. 209. Study regarding declarations.
Sec. 210. Fire suppression assistance.
                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. <DELETED>Definition of State.</DELETED> Definitions.
Sec. 303. Public safety officer benefits for certain Federal and State 
                            employees.

                 TITLE I--PREDISASTER HAZARD MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) greater emphasis needs to be placed on identifying and 
        assessing the risks to States and local communities and 
        implementing adequate measures to reduce losses from natural 
        disasters and to ensure that critical facilities and public 
        infrastructure will continue to function after a disaster;
            (2) expenditures for post-disaster assistance are 
        increasing without commensurate reduction in the likelihood of 
        future losses from natural disasters;
            (3) a high priority in the expenditure of Federal funds 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) should be to implement 
        predisaster activities at the local level; and
            (4) with a unified effort of economic incentives, awareness 
        and education, technical assistance, and demonstrated Federal 
        support, States and local communities will be able to increase 
        their capabilities to--
                    (A) form effective community-based partnerships for 
                mitigation purposes;
                    (B) implement effective natural disaster mitigation 
                measures that reduce the risk of future damage, 
                hardship, and suffering;
                    (C) ensure continued functioning of critical 
                facilities and public infrastructure;
                    (D) leverage additional non-Federal resources into 
                meeting disaster resistance goals; and
                    (E) make commitments to long-term disaster 
                mitigation efforts for new and existing structures.
    (b) Purpose.--The purpose of this title is to establish a 
predisaster hazard mitigation program that--
            (1) reduces the loss of life and property, human suffering, 
        economic disruption, and disaster assistance costs resulting 
        from natural hazards; and
            (2) provides a source of predisaster hazard mitigation 
        funding that will assist States and local governments in 
        implementing effective mitigation measures that are designed to 
        ensure the continued functioning of critical facilities and 
        public infrastructure after a natural disaster.

SEC. 102. STATE MITIGATION PROGRAM.

    Section 201(c) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5131(c)) is amended in the third 
sentence--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) set forth, with the ongoing cooperation of local 
        governments and consistent with section 409, a comprehensive 
        and detailed State program for mitigating emergencies and major 
        disasters, including provisions for prioritizing mitigation 
        measures.''.

SEC. 103. DISASTER ASSISTANCE PLANS.

    Section 201 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131) is amended by striking subsection (d) 
and inserting the following:
    ``(d) Grants for Disaster Assistance and Hazard Identification.--
The President may make grants for--
            ``(1) not to exceed 50 percent of the cost of improving, 
        maintaining, and updating State disaster assistance plans, 
        including, consistent with section 409, evaluation of natural 
        hazards and development of the programs and actions required to 
        mitigate natural hazards; and
            ``(2) not to exceed 50 percent of the cost of testing and 
        application of emerging hazard identification technologies, 
        such as improved floodplain mapping technologies, that--
                    ``(A) can be used by and in cooperation with State 
                and local governments; and
                    ``(B) the President determines will likely result 
                in substantial cost savings as compared to current 
                hazard identification methods.''.

SEC. 104. PREDISASTER HAZARD MITIGATION.

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

``SEC. 203. PREDISASTER HAZARD MITIGATION.

    ``(a) Definition of Small Impoverished Community.--In this section, 
the term `small impoverished community' means a community of 10,000 or 
fewer individuals who are economically disadvantaged, as determined by 
the State in which the community is located and based on criteria 
established by the President.
    ``(b) General Authority.--The President may establish a program to 
provide financial assistance to States, local governments, and other 
entities for the purpose of carrying out predisaster hazard mitigation 
activities that exhibit long-term, cost-effective benefits and 
substantially reduce the risk of future damage, hardship, or suffering 
from a major disaster.
    ``(c) Purpose of Assistance.--A State, local government, or other 
entity that receives financial assistance under this section shall use 
the assistance for funding activities that exhibit long-term, cost-
effective benefits and substantially reduce the risk of future damage, 
hardship, or suffering from a major disaster.
    ``(d) Allocation of Funds.--Financial assistance made available to 
a State, including financial assistance made available to local 
governments of the State, under this section for a fiscal year shall--
            ``(1) be in an amount that is not less than the lesser of 
        $500,000 or 1.0 percent of the total funds appropriated to 
        carry out this section for the fiscal year;
            ``(2) be in an amount that does not exceed 15 percent of 
        the total funds appropriated to carry out this section for the 
        fiscal year; and
            ``(3) be provided for projects that meet the criteria 
        specified in subsection (e).
    ``(e) Criteria.--Subject to subsections (d) and (f), in determining 
whether to provide assistance to a State, local government, or other 
entity under this section and the amount of the assistance, the 
President shall consider the following criteria:
            ``(1) The likelihood of a natural disaster increasing the 
        risk of future damage to a community.
            ``(2) The clear identification of prioritized cost-
        effective mitigation activities that produce meaningful and 
        definable outcomes.
            ``(3) If the State has submitted a mitigation program in 
        cooperation with local governments under section 201(c)(3), the 
        degree to which the activities identified under paragraph (2) 
        are consistent with the State mitigation program.
            ``(4) The opportunity to fund activities that maximize net 
        benefits to society.
            ``(5) The ability of the State, local government, or other 
        entity to fund mitigation activities, with additional 
        consideration for mitigation activities in small impoverished 
        communities.
            ``(6) The level of interest by the private sector to enter 
        into a partnership to promote mitigation.
            ``(7) Such other criteria as the President establishes in 
        consultation and coordination with State and local governments.
    ``(f) State Nominations.--
            ``(1) In general.--
                    ``(A) Recommendations by governor.--The Governor of 
                each State may recommend to the President not fewer 
                than 5 local governments or other entities to receive 
                assistance under this section.
                    ``(B) Submissions to president.--The 
                recommendations shall be submitted to the President not 
                later than January 1 of calendar year 1999 and each 
                calendar year thereafter or such later date in the 
calendar year as the President may establish.
                    ``(C) Criteria for recommendations.--In making the 
                recommendations, each Governor shall consider the 
                criteria specified in subsection (e).
            ``(2) Use.--
                    ``(A) In general.--In providing assistance to local 
                governments and other entities under this section, the 
                President shall select from among the local governments 
                and other entities recommended by the Governors under 
                this subsection.
                    ``(B) Selection of additional entities.--On the 
                request of a local government, the President may select 
                additional entities if the President determines that 
                special circumstances justify the additional selection 
                and the selection will meet the criteria specified in 
subsection (e).
            ``(3) Effect of failure to nominate.--If a Governor of a 
        State fails to submit recommendations under this subsection in 
        a timely manner, the President may select, subject to the 
        criteria specified in subsection (e), any local governments of 
        the State or other entities <DELETED>of the State</DELETED> to 
        receive assistance under this section.
    ``(g) Federal Share.--The Federal share of the cost of mitigation 
activities approved by the President for financial assistance under 
this section shall be--
            ``(1) except as provided in paragraph (2), up to 75 
        percent; and
            ``(2) in the case of mitigation activities in small 
        impoverished communities, up to 90 percent.
    ``(h) Local Governments.--In carrying out this section, the 
President and States shall--
            ``(1) consult with local governments for the purpose of 
        developing a list of appropriate activities for predisaster 
        hazard mitigation funding; and
            ``(2) delegate to the local governments the decision to 
        select specific activities from the list developed under 
        paragraph (1).
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $35,000,000 for each of fiscal 
years 1998 through 2002.
    ``(j) Authorization of Section 404 Funds.--In addition to amounts 
appropriated under subsection (i), the President, in consultation and 
coordination with State and local governments, may use to carry out 
this section funds that are appropriated to carry out section 404 for 
post-disaster mitigation activities that have not been obligated within 
30 months after the disaster declaration on which the funding 
availability is based.
    ``(k) Termination of Effectiveness.--The authority provided by this 
section terminates effective October 1, 2003.''.
    (b) Report on Federal and State Administration.--Not later than 18 
months after the date of enactment of this Act, the President, in 
consultation and coordination with State and local governments, shall 
submit to Congress a report evaluating efforts to implement this 
section and recommending a process for the future administration of the 
program, including--
            (1) the appropriateness of transferring to State and local 
        governments greater authority and responsibility for 
        administering the assistance program authorized by section 203 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (as added by subsection (a)); and
            (2) consideration of private sector initiatives for 
        predisaster mitigation to supplement the activities of the 
        President and the Federal Emergency Management Agency.

SEC. 105. STUDY REGARDING PREDISASTER HAZARD MITIGATION.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to--
            (1) examine the effectiveness of the predisaster hazard 
        mitigation program authorized by section 203 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (as added 
        by section 104(a)), including a review of the goals and 
        objectives of the program;
            (2) determine if the expenditures under the program are 
        warranted in terms of mitigation, disaster avoidance, and 
        dollars saved; and
            (3) develop recommendations concerning the appropriate 
        selection of sites and activities conducted with respect to 
        predisaster mitigation.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 106. INTERAGENCY TASK FORCE.

    (a) In General.--The President shall establish an interagency task 
force for the purpose of coordinating the implementation of predisaster 
hazard mitigation programs administered by the Federal Government.
    (b) Chairperson.--The Director of the Federal Emergency Management 
Agency shall serve as the chairperson of the task force.
    (c) Membership.--The membership of the task force shall include 
representatives of State and local government organizations.

SEC. 107. MAXIMUM CONTRIBUTION FOR MITIGATION COSTS.

    (a) In General.--Section 404(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended in 
the last sentence by striking ``15 percent'' and inserting ``20 
percent''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to each major disaster declared under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
after March 1, 1997.

SEC. 108. CONFORMING AMENDMENT.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by striking the 
title heading and inserting the following:

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

               TITLE II--STREAMLINING AND COST REDUCTION

SEC. 201. MANAGEMENT COSTS.

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

``SEC. 322. MANAGEMENT COSTS.

    ``(a) Definition of Management Cost.--In this section, the term 
`management cost' includes any indirect cost, administrative expense, 
and any other expense not directly chargeable to a specific project 
under a major disaster, emergency, or emergency preparedness activity 
or measure.
    ``(b) Management Cost Rates.--Notwithstanding any other provision 
of law (including any administrative rule or guidance), the President 
shall establish management cost rates for grantees and subgrantees that 
shall be used to determine contributions under this Act for management 
costs.
    ``(c) Review.--The President shall review the management cost rates 
established under subsection <DELETED>(a)</DELETED> (b) not later than 
3 years after the date of establishment of the rates and periodically 
thereafter.
    ``(d) Regulations.--The President shall promulgate a regulation to 
define appropriate costs to be included in management costs under this 
section.''.
    (b) Applicability.--Section 322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (as added by subsection (a)) shall 
apply as follows:
            (1) In general.--Subsections (a), (b), and (d) of section 
        322 of that Act shall apply to each major disaster declared 
        under that Act on or after the date of enactment of this Act. 
        Until the date on which the President establishes the 
        management cost rates under that subsection, section 406(f) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5172(f)) shall be used for establishing the 
        rates.
            (2) Review; other expenses.--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 that section.

SEC. 202. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE 
              DAMAGED FACILITIES.

    (a) Contributions and Federal Share.--Section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsections (a) through (c) and inserting the 
following:
<DELETED>    ``(a) Contributions.--</DELETED>
        <DELETED>    ``(1) In general.--The President may make 
        contributions--</DELETED>
    ``(a) Contributions.--The President may make contributions--
            ``<DELETED>(A)</DELETED> (1) to a State or local government 
        for the repair, restoration, reconstruction, or replacement of 
        a public facility that is damaged or destroyed by a major 
        disaster and for management costs incurred by the government; 
        and
            ``<DELETED>(B)</DELETED> (2) to a person that owns or 
        operates a private nonprofit facility damaged or destroyed by a 
        major disaster for the repair, restoration, reconstruction, or 
        replacement of the facility and for management costs incurred 
        by the person.
<DELETED>    ``(b) Minimum Federal Share.--The Federal</DELETED>
    ``(b) Federal Share.--
            ``(1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under this 
        section shall be not less than 75 percent of the eligible cost 
        of repair, restoration, reconstruction, or replacement carried 
        out under this section.
            ``(2) Decreased federal share.--In the case of a State or 
        local government that is unable or unwilling to take 
        appropriate steps promptly and efficiently to complete the 
        processing of claims for assistance under this section, the 
        President, after the end of the 3-year period beginning on the 
        date of declaration of the major disaster, may reduce the 
        Federal share of assistance under this section to a share of 
        less than 75 percent, but greater than or equal to 50 percent, 
        of the eligible cost of repair, restoration, reconstruction, or 
        replacement carried out under this section with respect to the 
        major disaster.
    ``(c) Large In-Lieu Contributions.--
            ``(1) For public facilities.--
                    ``(A) In general.--In any case in which a State or 
                local government determines that the public welfare 
                would not be best served by repairing, restoring, 
                reconstructing, or replacing any public facility owned 
                or controlled by the State or local government, the 
                State or local government may elect to receive, in lieu 
                of a contribution under subsection <DELETED>(a)(1)(A)</DELETED> 
                (a)(1), a contribution in an amount equal to 75 percent 
of the Federal share of the cost of repairing, restoring, 
reconstructing, or replacing the facility and of management costs, as 
estimated by the President.
                    ``(B) Use of funds.--Funds made available to a 
                State or local government under this paragraph may be 
                used to repair, restore, or expand other eligible 
                public facilities, to construct new facilities, or to 
                fund hazard mitigation measures, that the State or 
                local government determines to be necessary to meet a 
                need for governmental services and functions in the 
                area affected by the major disaster.
            ``(2) For private nonprofit facilities.--
                    ``(A) In general.--In any case in which a person 
                that owns or operates a private nonprofit facility 
                determines that the public welfare would not be best 
                served by repairing, restoring, reconstructing, or 
                replacing the facility, the person may elect to 
                receive, in lieu of a contribution under subsection 
                <DELETED>(a)(1)(B)</DELETED> (a)(2), a contribution in 
                an amount equal to 75 percent of the Federal share of 
                the cost of repairing, restoring, reconstructing, or 
                replacing the facility and of management costs, as 
                estimated by the President.
                    ``(B) Use of funds.--Funds made available to a 
                person under this paragraph may be used to repair, 
                restore, or expand other eligible private nonprofit 
                facilities owned or operated by the person, to 
                construct new private nonprofit facilities to be owned 
                or operated by the person, or to fund hazard mitigation 
                measures, that the person determines to be necessary to 
                meet a need for its services and functions in the area 
                affected by the major disaster.
            ``(3) Modification of federal share to encourage use of 
        funds for mitigation activities.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                President shall modify the Federal share of the cost 
                estimate provided in paragraphs (1) and (2) with 
                respect to a large in-lieu contribution if the 
                President determines that the large in-lieu 
                contribution will be used for mitigation activities 
                consistent with the State plan under section 201(c).
                    ``(B) Limitation.--Under subparagraph (A), the 
                Federal share for the purposes of paragraphs (1) and 
                (2) shall not exceed 90 percent of the amount described 
                in paragraph (1)(A) or (2)(A).''.
    (b) Eligible Cost.--
            (1) In general.--Section 406 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
        is amended by striking subsection (e) and inserting the 
        following:
    ``(e) Eligible Cost.--
            ``(1) Determination.--
                    ``(A) In general.--For the purposes of this 
                section, the President shall estimate the eligible cost 
                of repairing, restoring, reconstructing, or replacing a 
                public facility or private nonprofit facility--
                            ``(i) on the basis of the design of the 
                        facility as the facility existed immediately 
                        before the major disaster; and
                            ``(ii) in conformity with current 
                        applicable codes, specifications, and standards 
                        (including floodplain management and hazard 
                        mitigation criteria required by the President 
                        or under the Coastal Barrier Resources Act (16 
                        U.S.C. 3501 et seq.)).
                    ``(B) Cost estimation procedures.--Subject to 
                paragraph (2), the President shall use the cost 
estimation procedures developed under paragraph (3) to make the 
estimate under subparagraph (A).
            ``(2) Modification of eligible cost.--If the actual cost of 
        repairing, restoring, reconstructing, or replacing a facility 
        under this section is more than 120 percent or less than 80 
        percent of the cost estimated under paragraph (1), the 
        President may determine that the eligible cost shall be the 
        actual cost of the repair, restoration, reconstruction, or 
        replacement.
            ``(3) Expert panel.--Not later than 18 months after the 
        date of enactment of this paragraph, the President, acting 
        through the Director of the Federal Emergency Management 
        Agency, shall establish an expert panel, which shall include 
        representatives from the construction industry, to develop 
        procedures for estimating the cost of repairing, restoring, 
        reconstructing, or replacing a facility consistent with 
        industry practices.
            ``(4) Special rule.--In any case in which the facility 
        being repaired, restored, reconstructed, or replaced under this 
        section was under construction on the date of the major 
        disaster, the cost of repairing, restoring, reconstructing, or 
        replacing the facility shall include, for the purposes of this 
        section, only those costs that, under the contract for the 
        construction, are the owner's responsibility and not the 
        contractor's responsibility.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of enactment of this Act, except 
        that paragraph (1) of section 406(e) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (as amended by 
        paragraph (1)) shall take effect on the date on which the 
        procedures developed under paragraph (3) of that section take 
        effect.
    (c) Associated Expenses.--
            (1) In general.--Section 406 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
        is amended by striking subsection (f).
            (2) Other eligible costs.--Section 406(e) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172(e)) (as amended by subsection (b)) is amended by 
adding at the end the following:
            ``(5) Other eligible costs.--For purposes of this section, 
        the eligible cost of repairing, restoring, reconstructing, or 
        replacing a public facility or private nonprofit facility 
        includes the following:
                    ``(A) Costs of national guard.--The cost of 
                mobilizing and employing the National Guard for 
                performance of eligible work.
                    ``(B) Costs of prison labor.--The costs of using 
                prison labor to perform eligible work, including wages 
                actually paid, transportation to a worksite, and 
                extraordinary costs of guards, food, and lodging.
                    ``(C) Other labor costs.--Base and overtime wages 
                for an applicant's employees and extra hires performing 
                eligible work plus fringe benefits on the wages to the 
                extent that the benefits were being paid before the 
                major disaster.''.
            (3) Effective date.--The amendments made by this subsection 
        shall--
                    (A) take effect on the date on which the President 
                establishes management cost rates under section 322 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (as added by section 201(a)); and
                    (B) apply only to a major disaster declared by the 
                President under that Act on or after the date on which 
                the President establishes the management cost rates.

SEC. 203. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

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

``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    ``(a) General Authority.--In accordance with this section, the 
President, in consultation and coordination with the Governor of an 
affected State, may provide financial assistance, and, if necessary, 
direct services, to disaster victims who--
            ``(1) as a direct result of a major disaster have necessary 
        expenses and serious needs; and
            ``(2) are unable to meet the necessary expenses and serious 
        needs through other means, including insurance proceeds or loan 
        assistance from the Small Business Administration.
    ``(b) Housing Assistance.--
            ``(1) Eligibility.--The President may provide financial or 
        other assistance under this section to individuals and families 
        to respond to the disaster-related housing needs of individuals 
        and families who are displaced from their predisaster primary 
residences or whose predisaster primary residences are rendered 
uninhabitable as a result of damage caused by a major disaster.
            ``(2) Determination of appropriate types of assistance.--
        The President shall determine appropriate types of housing 
        assistance to be provided to disaster victims under this 
        section based on considerations of cost effectiveness, 
        convenience to disaster victims, and such other factors as the 
        President considers to be appropriate. One or more types of 
        housing assistance may be made available, based on the 
        suitability and availability of the types of assistance, to 
        meet the needs of disaster victims in a particular disaster 
        situation.
    ``(c) Types of Housing Assistance.--
            ``(1) Temporary housing.--
                    ``(A) Financial assistance.--
                            ``(i) In general.--The President may 
                        provide financial assistance under this section 
                        to individuals or households to rent alternate 
                        housing accommodations, existing rental units, 
                        manufactured housing, recreational vehicles, or 
                        other readily fabricated dwellings.
                            ``(ii) Amount.--The amount of assistance 
                        under clause (i) shall be based on the sum of--
                                    ``(I) the fair market rent for the 
                                accommodation being provided; and
                                    ``(II) the cost of any 
                                transportation, utility hookups, or 
                                unit installation not being directly 
                                provided by the President.
                    ``(B) Direct assistance.--
                            ``(i) In general.--The President may 
                        directly provide under this section housing 
                        units, acquired by purchase or lease, to 
                        individuals or households who, because of a 
                        lack of available housing resources, would be 
                        unable to make use of the assistance provided 
                        under subparagraph (A).
                            ``(ii) Period of assistance.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the President may not 
                                provide direct assistance under clause 
                                (i) with respect to a major disaster 
                                after the expiration of the 18-month 
                                period beginning on the date of the 
                                declaration of the major disaster by 
                                the President.
                                    ``(II) Extension of period.--The 
                                President may extend the period under 
                                subclause (I) if the President 
                                determines that due to extraordinary 
                                circumstances an extension would be in 
                                the public interest.
                            ``(iii) Collection of rental charges.--
                        After the expiration of the 18-month period 
                        referred to in clause (ii), the President may 
                        charge fair market rent for the accommodation 
                        being provided.
            ``(2) Repairs.--
                    ``(A) In general.--The President may provide 
                financial assistance for the repair of owner-occupied 
                primary residences, utilities, and residential 
                infrastructure (such as private access routes) damaged 
                by a major disaster to a habitable or functioning 
                condition.
                    ``(B) Emergency repairs.--To be eligible to receive 
                assistance under subparagraph (A), a recipient shall 
                not be required to demonstrate that the recipient is 
                unable to meet the need for the assistance through 
                other means, except insurance proceeds, if the 
                assistance--
                            ``(i) is used for emergency repairs to make 
                        a private primary residence habitable; and
                            ``(ii) does not exceed $5,000, as adjusted 
                        annually to reflect changes in the Consumer 
                        Price Index as reported by the Bureau of Labor 
                        Statistics of the Department of Labor.
            ``(3) Permanent housing construction.--The President may 
        provide financial assistance or direct assistance under this 
        section to individuals or households to construct permanent 
        housing in insular areas outside the continental United States 
        and other remote locations in cases in which--
                    ``(A) no alternative housing resources are 
                available; and
                    ``(B) the types of temporary housing assistance 
                described in paragraph (1) are unavailable, infeasible, 
                or not cost effective.
    ``(d) Terms and Conditions Relating to Housing Assistance.--
            ``(1) Sites.--
                    ``(A) In general.--Any readily fabricated dwelling 
                provided under this section shall, whenever 
                practicable, be located on a site that--
                            ``(i) is provided by the State or local 
                        government; and
                            ``(ii) is complete with utilities provided 
                        by the State or local government, by the owner 
                        of the site, or by the occupant who was 
                        displaced by the major disaster.
                    ``(B) Sites provided by the president.--Readily 
                fabricated dwellings may be located on sites provided 
                by the President if the President determines that the 
                sites would be more economical or accessible.
            ``(2) Disposal of units.--
                    ``(A) Sale to occupants.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, a temporary housing 
                        unit purchased under this section by the 
                        President for the purpose of housing disaster 
                        victims may be sold directly to the individual 
                        or household who is occupying the unit if the 
                        individual or household needs permanent 
                        housing.
                            ``(ii) Sales price.--Sales of temporary 
                        housing units under clause (i) shall be 
                        accomplished at prices that are fair and 
                        equitable.
                            ``(iii) Deposit of proceeds.--
                        Notwithstanding any other provision of law, the 
                        proceeds of a sale under clause (i) shall be 
                        deposited into the appropriate Disaster Relief 
                        Fund account.
                            ``(iv) Use of gsa services.--The President 
                        may use the services of the General Services 
                        Administration to accomplish a sale under 
                        clause (i).
                    ``(B) Other methods of disposal.--
                            ``(i) Sale.--If not disposed of under 
                        subparagraph (A), a temporary housing unit 
                        purchased by the President for the purpose of 
                        housing disaster victims may be resold.
                            ``(ii) Disposal to governments and 
                        voluntary organizations.--A temporary housing 
                        unit described in clause (i) may be sold, 
                        transferred, donated, or otherwise made 
                        available directly to a State or other 
                        governmental entity or to a voluntary 
                        organization for the sole purpose of providing 
                        temporary housing to disaster victims in major 
                        disasters and emergencies if, as a condition of 
                        the sale, transfer, donation, or other making 
                        available, the State, other governmental 
                        agency, or voluntary organization agrees--
                                    ``(I) to comply with the 
                                nondiscrimination provisions of section 
                                308; and
                                    ``(II) to obtain and maintain 
                                hazard and flood insurance on the 
                                housing unit.
    ``(e) Financial Assistance To Address Other Needs.--
            ``(1) Medical, dental, and funeral expenses.--The 
        President, in consultation and coordination with the Governor 
        of the affected State, may provide financial assistance under 
        this section to an individual or household adversely affected 
        by a major disaster to meet disaster-related medical, dental, 
        and funeral expenses.
            ``(2) Personal property, transportation, and other 
        expenses.--The President, in consultation and coordination with 
        the Governor of the affected State, may provide financial 
        assistance under this section to an individual or household 
        described in paragraph (1) to address personal property, 
        transportation, and other necessary expenses or serious needs 
        resulting from the major disaster.
    ``(f) State Role.--The President shall provide for the substantial 
and ongoing involvement of the affected State in administering 
assistance under this section.
    ``(g) Maximum Amount of Assistance.--The maximum amount of 
financial assistance that an individual or household may receive under 
this section with respect to a single major disaster shall be $25,000, 
as adjusted annually to reflect changes in the Consumer Price Index for 
all Urban Consumers published by the Department of Labor.
    ``(h) Issuance of Regulations.--The President shall issue rules and 
regulations to carry out the program established by this section, 
including criteria, standards, and procedures for determining 
eligibility for assistance.''.
    (b) Conforming Amendment.--Section 502(a)(6) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5192(a)(6)) is amended by striking ``temporary housing''.
    (c) Repeal of Individual and Family Grant Programs.--Section 411 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5178) is repealed.
    (d) Effective Date.--The amendments made by this section take 
effect 18 months after the date of enactment of this Act.

SEC. 204. REPEALS.

    (a) Community Disaster Loans.--Section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) 
is repealed.
    (b) Simplified Procedure.--Section 422 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is 
repealed.

SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION <DELETED>ASSISTANCE</DELETED> 
              GRANT PROGRAM.

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

SEC. 206. STREAMLINING OF DAMAGED FACILITIES PROGRAM.

    (a) Pilot Program.--In consultation and coordination with States 
and local governments, the President shall conduct a pilot program for 
the purpose of streamlining the assistance program established by 
section 406 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172).
    (b) State Participation.--
            (1) Criteria.--The President, in consultation and 
        coordination with States and local governments, may establish 
        criteria to ensure the appropriate implementation of the pilot 
        program under subsection (a).
            (2) Number of states.--The President shall conduct the 
        pilot program under subsection (a) in at least 2 States.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the President shall submit to Congress a report that 
describes the results of the pilot program conducted under subsection 
(a), including identifying any administrative or financial benefits.

SEC. 207. STUDY REGARDING COST REDUCTION.

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

SEC. 208. STUDY REGARDING DISASTER INSURANCE FOR PUBLIC INFRASTRUCTURE.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to determine the current and future expected 
availability of disaster insurance for public infrastructure eligible 
for assistance under section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170).
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 209. STUDY REGARDING DECLARATIONS.

    (a) Study.--The Comptroller General of the United States shall 
conduct an analytical study that--
            (1) examines major disasters and emergencies that have been 
        declared under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) since January 
        1, 1974; and
            (2) describes the criteria for making the declarations and 
        how the criteria have changed over time.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 210. FIRE SUPPRESSION ASSISTANCE.

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

``SEC. 420. FIRE SUPPRESSION 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 suppression of any fire on a 
publicly or privately owned forest or grassland that threatens such 
destruction as would constitute a major disaster.
    ``(b) Essential Assistance.--In providing assistance under this 
section, the President may use the authority provided under section 
403.
    ``(c) Rules and Regulations.--The President shall prescribe such 
rules and regulations as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect 1 year after the date of enactment of this Act.

                        TITLE III--MISCELLANEOUS

SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

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

``SECTION 1. SHORT TITLE.

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

<DELETED>SEC. 302. DEFINITION OF STATE.</DELETED>

<DELETED>    Section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122) is amended in each of 
paragraphs (3) and (4) by striking ``the Northern'' and all that 
follows through ``Pacific Islands'' and inserting ``and the 
Commonwealth of the Northern Mariana Islands''.</DELETED>

SEC. 302. DEFINITIONS.

    Section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended--
            (1) in each of paragraphs (3) and (4), by striking ``the 
        Northern'' and all that follows through ``Pacific Islands'' and 
        inserting ``and the Commonwealth of the Northern Mariana 
        Islands''; and
            (2) in paragraph (8)--
                    (A) in subparagraph (C), by inserting before the 
                period at the end the following: ``, but excluding any 
                golf course''; and
                    (B) in subparagraph (D), by inserting before the 
                period at the end the following: ``, excluding any golf 
                course''.

SEC. 303. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE 
              EMPLOYEES.

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