[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 707 Engrossed in House (EH)]
1st Session
H. R. 707
_______________________________________________________________________
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.
106th CONGRESS
1st Session
H. R. 707
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Mitigation and Cost
Reduction Act of 1999''.
SEC. 2. AMENDMENTS TO ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
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 State 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 such natural disasters;
(3) a high priority in the expenditure of Federal funds
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act 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 form effective community-based
partnerships for mitigation purposes, implement effective
natural disaster mitigation measures that reduce the risk of
future damage, hardship, and suffering, ensure continued
functioning of critical facilities and public infrastructure,
leverage additional non-Federal resources into meeting disaster
resistance goals, and make commitments to long-term mitigation
efforts in new and existing structures.
(b) Purpose.--It is the purpose of this title 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) (42 U.S.C. 5131(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) 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 against emergencies
and major disasters, including provisions for prioritizing
mitigation measures.''.
SEC. 103. DISASTER ASSISTANCE PLANS.
Section 201(d) (42 U.S.C. 5131(d)) is amended to read as follows:
``(d) Grants for Disaster Assistance and Hazard Identification.--
The President is authorized to 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 such hazards; and
``(2) the development and application of improved
floodplain mapping technologies that can be used by Federal,
State, and local governments and that the President determines
will likely result in substantial savings over current
floodplain mapping methods.''.
SEC. 104. PREDISASTER HAZARD MITIGATION.
Title II (42 U.S.C. 5131-5132) is amended by adding at the end the
following:
``SEC. 203. PREDISASTER HAZARD MITIGATION.
``(a) General Authority.--The President may establish a program to
provide financial assistance to States and local governments for the
purpose of undertaking predisaster hazard mitigation activities that
are cost effective and substantially reduce the risk of future damage,
hardship, or suffering from a major disaster.
``(b) Purpose of Assistance.--
``(1) In general.--Except as provided in paragraph (2), a
State or local government that receives financial assistance
under this section shall use the assistance for funding
activities that are cost effective and substantially reduce the
risk of future damage, hardship, or suffering from a major
disaster.
``(2) Dissemination.--The State or local government may use
not more than 10 percent of financial assistance it receives
under this section in a fiscal year for funding activities to
disseminate information regarding cost effective mitigation
technologies (such as preferred construction practices and
materials), including establishing and maintaining centers for
protection against natural disasters to carry out such
dissemination.
``(c) Allocation of Funds.--The amount of financial assistance to
be made available to a State, including amounts made available to local
governments of such State, under this section in a fiscal year shall--
``(1) not be less than the lesser of $500,000 or 1.0
percent of the total funds appropriated to carry out this
section for such fiscal year; but
``(2) not exceed 15 percent of such total funds.
``(d) Criteria.--Subject to the limitations of subsections (c) and
(e), in determining whether to provide assistance to a State or local
government under this section and the amount of such assistance, the
President shall consider the following criteria:
``(1) The clear identification of prioritized cost-
effective mitigation activities that produce meaningful and
definable outcomes.
``(2) If the State has submitted a mitigation program in
cooperation with local governments under section 201(c), the
degree to which the activities identified in paragraph (1) are
consistent with the State mitigation program.
``(3) The extent to which assistance will fund activities
that mitigate hazards evaluated under section 409.
``(4) The opportunity to fund activities that maximize net
benefits to society.
``(5) The ability of the State or local government to fund
mitigation activities.
``(6) The extent to which assistance will fund mitigation
activities in small impoverished communities.
``(7) The level of interest by the private sector to enter
into a partnership to promote mitigation.
``(8) Such other criteria as the President establishes in
consultation with State and local governments.
``(e) State Nominations.--
``(1) In general.--The Governor of each State may recommend
to the President not less than 5 local governments to receive
assistance under this section. The recommendations shall be
submitted to the President not later than October 1, 1999, and
each October 1st thereafter or such later date in the year as
the President may establish. In making such recommendations,
the Governors shall consider the criteria identified in
subsection (d).
``(2) Use.--
``(A) General rule.--In providing assistance to
local governments under this section, the President
shall select from local governments recommended by the
Governors under this subsection.
``(B) Waiver.--Upon request of a local government,
the President may waive the limitation in subparagraph
(A) if the President determines that extraordinary
circumstances justify the waiver and that granting the
waiver will further the purpose of this section.
``(3) Effect of failure to nominate.--If a Governor of a
State fails to submit recommendations under this subsection in
a timely manner, the President may select, subject to the
criteria in subsection (d), any local governments of the State
to receive assistance under this section.
``(f) Small Impoverished Communities.--For the purpose of this
section, the term `small impoverished communities' means communities of
3,000 or fewer individuals that are economically disadvantaged, as
determined by the State in which the community is located and based on
criteria established by the President.
``(g) Federal Share.--Financial assistance provided under this
section may contribute up to 75 percent of the total cost of mitigation
activities approved by the President; except that the President may
contribute up to 90 percent of the total cost of mitigation activities
in small impoverished communities.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 1999
and $80,000,000 for fiscal year 2000.
``(i) Authorization of Section 404 Funds.--Effective October 1,
2000, in addition to amounts appropriated under subsection (h) from
only appropriations enacted after October 1, 2000, the President 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 of the disaster declaration upon which
the funding availability is based.
``(j) Report on Federal and State Administration.--Not later than
18 months after the date of the enactment of the Disaster Mitigation
and Cost Reduction Act of 1999, the President, in consultation with
State and local governments, shall transmit to Congress a report
evaluating efforts to implement this section and recommending a process
for transferring greater authority and responsibility for administering
the assistance program authorized by this section to capable States.''.
SEC. 105. INTERAGENCY TASK FORCE.
The President shall establish an interagency task force for the
purpose of coordinating the implementation of the predisaster hazard
mitigation program authorized by section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. The Director of the
Federal Emergency Management Agency shall chair such task force.
SEC. 106. MAXIMUM CONTRIBUTION FOR MITIGATION COSTS.
(a) In General.--Section 404(a) (42 U.S.C. 5170c(a)) is amended by
striking ``15 percent'' and inserting ``20 percent''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to major disasters declared under the Robert T. Stafford Disaster
Relief Act and Emergency Assistance Act after January 1, 1997.
SEC. 107. CONFORMING AMENDMENT.
The heading for title II is amended to read as follows:
``TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE''.
TITLE II--STREAMLINING AND COST REDUCTION
SEC. 201. MANAGEMENT COSTS.
(a) In General.--Title III (42 U.S.C. 5141-5164) is amended by
adding at the end the following:
``SEC. 322. MANAGEMENT COSTS.
``(a) In General.--Notwithstanding any other provision of law
(including any administrative rule or guidance), the President shall
establish by rule management cost rates for grantees and subgrantees.
Such rates shall be used to determine contributions under this Act for
management costs.
``(b) Management Costs Defined.--Management costs include indirect
costs, administrative expenses, associated expenses, and any other
expenses not directly chargeable to a specific project under a major
disaster, emergency, or emergency preparedness activity or measure.
Such costs include the necessary costs of requesting, obtaining, and
administering Federal assistance and costs incurred by a State for
preparation of damage survey reports, final inspection reports, project
applications, final audits, and related field inspections by State
employees, including overtime pay and per diem and travel expenses of
such employees, but not including pay for regular time of such
employees.
``(c) Review.--The President shall review the management cost rates
established under subsection (a) not later than 3 years after the date
of establishment of such rates and periodically thereafter.''.
(b) Applicability.--Section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (as added by subsection (a) of this
section) shall apply as follows:
(1) Subsections (a) and (b) of such section 322 shall apply
to major disasters declared under such Act on or after the date
of the enactment of this Act. Until the date on which the
President establishes the management cost rates under such
subsection, section 406(f) shall be used for establishing such
rates.
(2) Subsection (c) of such section 322 shall apply to major
disasters declared under such Act on or after the date on which
the President establishes such rates under subsection (a) of
such section 322.
SEC. 202. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE
DAMAGED FACILITIES.
(a) Contributions.--Section 406(a) (42 U.S.C. 5172(a)) is amended
to read as follows:
``(a) Contributions.--
``(1) In general.--The President may make contributions--
``(A) to a State or local government for the
repair, restoration, reconstruction, or replacement of
a public facility which is damaged or destroyed by a
major disaster and for associated expenses incurred by
such government; and
``(B) subject to paragraph (2), to a person who
owns or operates a private nonprofit facility damaged
or destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of such
facility and for associated expenses incurred by such
person.
``(2) Conditions for assistance to private nonprofit
facilities.--
``(A) In general.--The President may make
contributions to a private nonprofit facility under
paragraph (1)(B) only if--
``(i) the facility provides critical
services (as defined by the President) in the
event of a major disaster; or
``(ii)(I) the owner or operator of the
facility has applied for a disaster loan under
section 7(b) of the Small Business Act (15
U.S.C. 636(b)); and
``(II) has been determined to be ineligible
for such a loan; or
``(III) has obtained such a loan in the
maximum amount for which the Small Business
Administration determines the facility is
eligible.
``(B) Critical services defined.--In this
paragraph, the term `critical services' includes, but
is not limited to, power, water, sewer, wastewater
treatment, communications, and emergency medical
care.''.
(b) Minimum Federal Share.--Section 406(b) (42 U.S.C. 5172(b)) is
amended to read as follows:
``(b) Minimum Federal Share.--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.''.
(c) Large In-Lieu Contributions.--Section 406(c) (42 U.S.C.
5172(c)) is amended to read as follows:
``(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 such State or local government, the
State or local government may elect to receive, in lieu
of a contribution under subsection (a)(1)(A), a
contribution of 75 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring,
reconstructing, or replacing such facility and of
management expenses.
``(B) Areas with unstable soil.--In any case in
which a State or local government determines that the
public welfare would not be best served by repairing,
restoring, reconstructing, or replacing any public
facility owned or controlled by such State or local
government because soil instability in the disaster
area makes such repair, restoration, reconstruction, or
replacement infeasible, the State or local government
may elect to receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution of 90 percent of
the Federal share of the Federal estimate of the cost
of repairing, restoring, reconstructing, or replacing
such facility and of management expenses.
``(C) Use of funds.--Funds contributed to a State
or local government under this paragraph may be used to
repair, restore, or expand other selected public
facilities, to construct new facilities, or to fund
hazard mitigation measures which 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 where a person who
owns or operates a private nonprofit facility
determines that the public welfare would not be best
served by repairing, restoring, reconstructing, or
replacing such facility, such person may elect to
receive, in lieu of a contribution under subsection
(a)(1)(B), a contribution of 75 percent of the Federal
share of the Federal estimate of the cost of repairing,
restoring, reconstructing, or replacing such facility
and of management expenses.
``(B) Use of funds.--Funds contributed to a person
under this paragraph may be used to repair, restore, or
expand other selected 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.--The President shall
modify the Federal share of the cost estimate provided in
paragraphs (1) and (2) if the President determines an
alternative cost share will likely reduce the total amount of
Federal assistance provided under this section. The Federal
cost share for purposes of paragraphs (1) and (2) shall not
exceed 90 percent and shall not be less than 50 percent.''.
(d) Eligible Cost.--
(1) In general.--Section 406(e) (42 U.S.C. 5172(e)) is
amended to read as follows:
``(e) Eligible Cost.--
``(1) In general.--For the purposes of this section, the
estimate of the cost of repairing, restoring, reconstructing,
or replacing a public facility or private nonprofit facility on
the basis of the design of such facility as it existed
immediately before the major disaster and in conformity with
current applicable codes, specifications, and standards
(including floodplain management and hazard mitigation criteria
required by the President or by the Coastal Barrier Resources
Act (16 U.S.C. 3501 et seq.)) shall be treated as the eligible
cost of such repair, restoration, reconstruction, or
replacement. Subject to paragraph (2), the President shall use
the cost estimation procedures developed under paragraph (3) to
make the estimate under this paragraph.
``(2) Modification of eligible cost.--In the event 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 be the actual cost of such repair, restoration,
reconstruction, or replacement. The government or person
receiving assistance under this section shall reimburse the
President for the portion of such assistance that exceeds the
eligible cost of such repair, restoration, reconstruction, or
replacement.
``(3) Use of surplus funds.--In the event the actual cost
of repairing, restoring, reconstructing, or replacing a
facility under this section is less than 100 percent but not
less than 80 percent of the cost estimated under paragraph (1),
the government or person receiving assistance under this
section shall use any surplus funds to perform activities that
are cost-effective and reduce the risk of future damage,
hardship, or suffering from a major disaster.
``(4) Expert panel.--Not later than 18 months after the
date of the enactment of the Disaster Mitigation and Cost
Reduction Act of 1999, the President, acting through the
Director of the Federal Emergency Management Agency, shall
establish an expert panel, including representatives from the
construction industry, to develop procedures for estimating the
cost of repairing, restoring, reconstructing, or replacing a
facility consistent with industry practices.
``(5) 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 such facility shall include, for purposes of this
section, only those costs which, under the contract for such
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 the enactment of this Act, and
shall only apply to funds appropriated after the date of the
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) of this subsection)
shall take effect on the date that the procedures developed
under paragraph (3) of such section take effect.
(e) Associated Expenses.--
(1) In general.--Section 406 (42 U.S.C. 4172) is amended by
striking subsection (f).
(2) Other eligible costs.--Section 406(e) (42 U.S.C.
5172(e)), as amended by subsection (d) of this section, is
amended by adding at the end the following:
``(6) Other eligible costs.--For purposes of this section,
other eligible costs include 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 such wages to the
extent that such benefits were being paid before the
disaster.''.
(3) Effective date.--Paragraphs (1) and (2) shall take
effect on the date on which the President establishes
management cost rates under section 322(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added
by section 201(a) of this Act). The amendment made by paragraph
(1) shall only apply to disasters declared by the President
under such Act after the date on which the President
establishes such cost rates.
SEC. 203. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--Section 408 (42 U.S.C. 5174) is amended to read as
follows:
``SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
``(a) General Authority.--Subject to the requirements of this
section, the President, in consultation with the Governor of the
affected State, may provide financial assistance, and, if necessary,
direct services, to disaster victims who as a direct result of a major
disaster have necessary expenses and serious needs where such victims
are unable to meet such expenses or needs through other means. Under
the preceding sentence, a victim shall not be denied assistance under
subsections (c)(1), (c)(3), or (c)(4), solely on the basis that the
victim has not applied for or received any loan or other financial
assistance from the Small Business Administration or any other Federal
agency.
``(b) Housing Assistance.--
``(1) Eligibility.--The President may provide financial or
other assistance under this section to individuals and families
to respond to the disaster-related housing needs of those 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 upon considerations of cost effectiveness,
convenience to disaster victims, and such other factors as the
President may consider 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 the 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 fair
market rent for the accommodation being
furnished plus 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 also
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.--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, except that the
President may extend such period if the
President determines that due to extraordinary
circumstances an extension would be in the
public interest.
``(iii) Collection of rental charges.--
After the 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.--The President may provide financial
assistance for the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as private
access routes) damaged by a major disaster to a habitable or
functioning condition. A recipient of assistance provided under
this paragraph need not show that the assistance can be met
through other means, except insurance proceeds, if the
assistance is used for emergency repairs to make a private
residence habitable and does not exceed $5,000 (based on fiscal
year 1998 constant dollars).
``(3) Replacement.--The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster. Assistance provided
under this paragraph shall not exceed $10,000 (based on fiscal
year 1998 constant dollars). The President may not waive any
provision of Federal law requiring the purchase of flood
insurance as a condition for the receipt of Federal disaster
assistance with respect to assistance provided under this
paragraph.
``(4) 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.--Any readily fabricated dwelling provided
under this section shall, whenever possible, be located on a
site complete with utilities, and shall be provided by the
State or local government, by the owner of the site, or by the
occupant who was displaced by the major disaster. Readily
fabricated dwellings may be located on sites provided by the
President if the President determines that such 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 purposes 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 purposes of
housing disaster victims may be resold.
``(ii) Disposal to governments and
voluntary organizations.--A temporary housing
unit described in clause (i) may also 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
such sale, transfer, or donation, the State,
other governmental agency, or voluntary
organization agrees to comply with the
nondiscrimination provisions of section 308 and
to obtain and maintain hazard and flood
insurance on the housing unit.
``(e) Financial Assistance To Address Other Needs.--
``(1) Medical, dental, and funeral expenses.--The
President, in consultation with the Governor of 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 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 the
assistance under this section.
``(g) Maximum Amount of Assistance.--No individual or household
shall receive financial assistance greater than $25,000 under this
section with respect to a single major disaster. Such limit shall be
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, including criteria, standards,
and procedures for determining eligibility for assistance.''.
(b) Conforming Amendment.--Section 502(a)(6) (42 U.S.C. 5192(a)(6))
is amended by striking ``temporary housing''.
(c) Elimination of Individual and Family Grant Programs.--Title IV
(42 U.S.C. 5170-5189a) is amended by striking section 411 (42 U.S.C.
5178).
(d) Effective Date.--The amendments made by this section shall take
effect on the 545th day following the date of the enactment of this
Act.
SEC. 204. REPEALS.
(a) Community Disaster Loans.--Section 417 (42 U.S.C. 5184) is
repealed.
(b) Simplified Procedure.--Section 422 (42 U.S.C. 5189) is
repealed.
SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION PROGRAM.
Section 404 (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 assistance 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 such authority.
``(2) Criteria.--The President, in consultation with States
and local governments, shall establish criteria for the
approval of applications submitted under paragraph (1). The
criteria shall include, at a minimum, the following:
``(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).
``(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 assistance program established by this
section in a manner satisfactory to the President, the
President shall withdraw such approval.
``(5) Audits.--The President shall provide for periodic
audits of the hazard mitigation assistance programs
administered by States under this subsection.''.
SEC. 206. STATE ADMINISTRATION OF DAMAGED FACILITIES PROGRAM.
(a) Pilot Program.--In cooperation with States and local
governments and in coordination with efforts to streamline the delivery
of disaster relief assistance, the President shall conduct a pilot
program for the purpose of determining the desirability of State
administration of parts of 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 may establish criteria in
order to ensure the appropriate implementation of the pilot
program under subsection (a).
(2) Minimum number of states.--The President shall conduct
the pilot program under subsection (a) in at least 2 States.
(c) Report.--Not later than 3 years after the date of the enactment
of this Act, the President shall transmit to Congress a report
describing the results of the pilot program conducted under subsection
(a), including identifying any administrative or financial benefits.
Such report shall also include recommendations on the conditions, if
any, under which States should be allowed the option to administer
parts of the assistance program under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
SEC. 207. STUDY REGARDING COST REDUCTION.
Not later than 3 years after the date of the enactment of this Act,
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.
SEC. 208. REPORT ON ASSISTANCE TO RURAL COMMUNITIES.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Federal Emergency Management Agency shall
prepare and transmit to Congress a report on methods and procedures
that the Director recommends to accelerate the provision of Federal
disaster assistance under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) to rural communities.
SEC. 209. STUDY REGARDING INSURANCE FOR PUBLIC INFRASTRUCTURE.
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).
SEC. 210. PUBLIC COMMENT REQUIREMENT.
Title III (42 U.S.C. 5141-5164) (as amended by section 201 of this
Act) is amended by adding at the end the following:
``SEC. 323. PUBLIC COMMENT REQUIREMENT.
``(a) In General.--The Director of the Federal Emergency Management
Agency shall provide an opportunity for public comment before adopting
any new or modified policy that would have a meaningful impact on the
amount of disaster assistance that may be provided to a State or local
government by the President under this Act.
``(b) Retroactive Application of Policies.--The Director may not
adopt any new or modified policy that would retroactively reduce the
amount of assistance provided to a State or local government under this
Act.''.
TITLE III--MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
The first section (42 U.S.C. 5121 note) is amended to read as
follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Robert T. Stafford Disaster Relief
and Emergency Assistance Act'.''.
SEC. 302. DEFINITION OF STATE.
Section 102 (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''.
SEC. 303. FIRE SUPPRESSION GRANTS.
Section 420 (42 U.S.C. 5187) is amended by inserting ``and local
government'' after ``State''.
SEC. 304. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds authorized to be
appropriated pursuant to this Act or any amendment made by this Act may
be expended by an entity unless the entity, in expending the funds,
complies with the Buy American Act (41 U.S.C. 10a et seq.).
(b) Debarment of Persons Convicted of Fraudulent Use of ``Made in
America'' Labels.--
(1) In general.--If the Director of the Federal Emergency
Management Agency determines that a person has been convicted
of intentionally affixing a label bearing a ``Made in America''
inscription to any product sold in or shipped to the United
States that is not made in America, the Director shall
determine, not later than 90 days after determining that the
person has been so convicted, whether the person should be
debarred from contracting under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
(2) Debar defined.--In this section, the term ``debar'' has
the meaning given that term by section 2393(c) of title 10,
United States Code.
Passed the House of Representatives March 4, 1999.
Attest:
Clerk.