[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1691 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1691

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to authorize programs for predisaster mitigation, to 
   streamline the administration of disaster relief, to control the 
     Federal costs of disaster assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 1999

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

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to authorize programs for predisaster mitigation, to 
   streamline the administration of disaster relief, to control the 
     Federal costs of disaster assistance, and for other purposes.

    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 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Maximum contribution for mitigation costs.
Sec. 104. Natural disaster mitigation zones.
Sec. 105. Interagency task force.
Sec. 106. Conforming amendment.
       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

Sec. 201. Insurance.
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 204. Federal assistance to households.
Sec. 205. State administration of hazard mitigation grant program.
Sec. 206. Study regarding cost reduction.
Sec. 207. Fire management assistance.
Sec. 208. Public comment requirement.
Sec. 209. Community disaster loans.
                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Public safety officer benefits for certain Federal and State 
                            employees.
Sec. 304. Inspector General.
Sec. 305. National Urban Search and Rescue Response System.

                 TITLE I--PREDISASTER HAZARD MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) natural disasters, including earthquakes, tsunamis, 
        tornadoes, hurricanes, and flooding, pose great danger to human 
        life and to property throughout the United States;
            (2) greater emphasis needs to be placed on--
                    (A) identifying and assessing the risks to States 
                and local communities from natural disasters;
                    (B) implementing adequate measures to reduce losses 
                from natural disasters; and
                    (C) ensuring that the critical infrastructure and 
                facilities of communities will continue to function 
                after a natural disaster;
            (3) expenditures for postdisaster assistance are increasing 
        without commensurate reductions in the likelihood of future 
        losses from natural disasters;
            (4) in the expenditure of Federal funds under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), high priority should be given to 
        mitigation of hazards to existing and new construction at the 
        local level; and
            (5) with a unified effort of economic incentives, awareness 
        and education, technical assistance, and demonstrated Federal 
        support, States and local communities will be able to--
                    (A) form effective community-based partnerships for 
                hazard mitigation purposes;
                    (B) implement effective hazard mitigation measures 
                that reduce the potential damage from natural 
                disasters;
                    (C) ensure continued functionality of the critical 
                infrastructure of communities;
                    (D) leverage additional non-Federal resources in 
                meeting natural disaster resistance goals; and
                    (E) make commitments to long-term hazard mitigation 
                efforts to be applied to new and existing construction.
    (b) Purpose.--The purpose of this Act is to establish a national 
disaster hazard mitigation program--
            (1) to reduce the loss of life and property, human 
        suffering, economic disruption, and disaster assistance costs 
        resulting from natural disasters; and
            (2) to provide a source of predisaster hazard mitigation 
        funding that will assist States and local governments in 
        implementing effective hazard mitigation measures that are 
        designed to ensure the continued functionality of critical 
        infrastructure and facilities after a natural disaster.

SEC. 102. PREDISASTER HAZARD MITIGATION.

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

``SEC. 203. PREDISASTER HAZARD MITIGATION.

    ``(a) In General.--The Director of the Federal Emergency Management 
Agency (referred to in this section as the `Director') may establish a 
program to provide technical and financial assistance to States and 
local governments to assist in the implementation of predisaster hazard 
mitigation measures designed to reduce injuries, loss of life, and 
damage and destruction of property, including damage to critical 
infrastructure and facilities under the jurisdiction of the States or 
local governments.
    ``(b) Approval by Director.--If the Director determines that a 
State or local government has identified all natural disaster hazards 
in areas under its jurisdiction and has demonstrated the ability to 
form effective public-private natural disaster hazard mitigation 
partnerships, the Director, using amounts in the National Predisaster 
Mitigation Fund established under subsection (e) (referred to in this 
section as the `Fund'), may provide technical and financial assistance 
to the State or local government to be used in accordance with 
subsection (c).
    ``(c) Uses of Technical and Financial Assistance.--Technical and 
financial assistance provided under subsection (b)--
            ``(1) shall be used by States and local governments 
        principally to implement predisaster hazard mitigation measures 
        described in proposals approved by the Director under this 
        section; and
            ``(2) may be used--
                    ``(A) to support effective public-private natural 
                disaster hazard mitigation partnerships;
                    ``(B) to ensure that new development and 
                construction is resistant to natural disasters;
                    ``(C) to improve the assessment of a community's 
                vulnerability to natural hazards; or
                    ``(D) to establish hazard mitigation priorities, 
                and an appropriate hazard mitigation plan, for a 
                community.
    ``(d) Criteria for Assistance Awards.--In determining whether to 
provide technical and financial assistance to a State or local 
government under subsection (a), the Director shall take into account--
            ``(1) the extent and nature of the hazards to be mitigated;
            ``(2) the degree of commitment of the State or local 
        government to reduce damages from future natural disasters; and
            ``(3) the degree of commitment by the State or local 
        government to support ongoing non-Federal support for the 
        hazard mitigation measures to be carried out using the 
        technical and financial assistance.
    ``(e) National Predisaster Mitigation Fund.--
            ``(1) Establishment.--The Director may establish in the 
        Treasury of the United States a fund to be known as the 
        `National Predisaster Mitigation Fund', to be used in carrying 
        out this section.
            ``(2) Transfers to fund.--There shall be deposited in the 
        Fund--
                    ``(A) amounts appropriated to carry out this 
                section, which shall remain available until expended; 
                and
                    ``(B) sums available from gifts, bequests, or 
                donations of services or property received by the 
                Director for the purpose of predisaster hazard 
                mitigation.
            ``(3) Expenditures from fund.--Upon request by the 
        Director, the Secretary of the Treasury shall transfer from the 
        Fund to the Director such amounts as the Director determines 
        are necessary to provide technical and financial assistance 
        under this section.
            ``(4) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
                    ``(E) Transfers of amounts.--
                            ``(i) In general.--The amounts required to 
                        be transferred to the Fund under this 
                        subsection shall be transferred at least 
                        monthly from the general fund of the Treasury 
                        to the Fund on the basis of estimates made by 
                        the Secretary of the Treasury.
                            ``(ii) Adjustments.--Proper adjustment 
                        shall be made in amounts subsequently 
                        transferred to the extent prior estimates were 
                        in excess of or less than the amounts required 
                        to be transferred.
    ``(f) Maximum Total Federal Share.--Subject to subsection (g), the 
amount of financial assistance provided from the Fund shall not exceed 
an amount equal to 75 percent of the total costs of all hazard 
mitigation proposals approved by the Director under this section.
    ``(g) Limitation on Total Amount of Financial Assistance.--The 
Director shall not provide financial assistance under this section in 
an amount greater than the amount available in the Fund.
    ``(h) Termination of Authority.--The authority provided by this 
section terminates December 31, 2003.''.

SEC. 103. 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 the date of enactment of this Act.

SEC. 104. NATURAL DISASTER MITIGATION ZONES.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section 102) is 
amended by adding at the end the following:

``SEC. 204. NATURAL DISASTER MITIGATION ZONES.

    ``(a) Designation.--
            ``(1) In general.--In consultation with States, local 
        governments, and appropriate Federal agencies, the President 
        shall designate as a natural disaster mitigation zone each area 
        in which commonly recurring natural hazards (including 
        flooding, hurricanes and severe winds, seismic events, and 
        other hazards) create a substantial likelihood of disasters 
        that may require assistance under this Act.
            ``(2) Flood and wind zones.--At a minimum, the President 
        shall designate as a natural disaster mitigation zone each 
        coastal flood zone identified on a map prepared under the 
        national flood insurance program established under chapter 1 of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
        seq.) that is also within a wind zone that is identified by the 
        American Society of Civil Engineers under ASCE 7-98 (or a 
        successor document) and that has commonly recurring winds in 
        excess of 90 miles per hour.
            ``(3) Integration and development of all-hazard maps.--
                    ``(A) In general.--To carry out paragraphs (1) and 
                (2), the President shall direct all appropriate Federal 
                agencies that gather information relating to natural 
                resources and natural and technological hazards to 
                integrate, or develop and maintain, comprehensive all-
                hazard maps using global information systems 
                technology.
                    ``(B) Coordinator.--The President shall designate 
                the Director of the Federal Emergency Management Agency 
                to serve as coordinator of the activities carried out 
                under subparagraph (A).
                    ``(C) Availability to the public.--The maps and 
                other resources developed under subparagraph (A) shall 
                be made available to the public.
    ``(b) Disaster Mitigation Policies.--
            ``(1) In general.--In order to reduce the likelihood or 
        severity of damage from the hazards anticipated to occur in 
        natural disaster mitigation zones, the President may identify 
        disaster mitigation policies for implementation in the zones, 
        comparable to Executive Order No. 11988 (42 U.S.C. 4321 note; 
        relating to flood-prone areas) and Executive Order No. 12699 
        (55 Fed. Reg. 835; relating to seismic hazards), including 
        recommended voluntary minimum building codes, test methods, and 
        specifications established by--
                    ``(A) the American Society of Civil Engineers;
                    ``(B) the American Society for Testing and 
                Materials; or
                    ``(C) any other voluntary consensus standard 
                setting organization.
            ``(2) Wind impact standards.--Disaster mitigation policies 
        identified by the President under paragraph (1) shall include, 
        with respect to any natural disaster mitigation zone designated 
        under subsection (a)(2), wind impact standards contained in the 
        American Society for Testing and Materials Standards E1886 and 
        1996 (or successor standards).
    ``(c) Conditions on Federal Funding of New Federal Buildings.--Each 
Federal agency responsible for the design and construction of any new 
Federal building in a natural disaster mitigation zone shall ensure 
that the building is designed and constructed in accordance with the 
voluntary minimum building codes, test methods, and specifications and 
other mitigation policies identified under subsection (b).
    ``(d) Incentives.--
            ``(1) In general.--The President may provide incentives--
                    ``(A) to encourage owners of buildings located in a 
                natural disaster mitigation zone that are not subject 
                to subsection (c) to implement the mitigation policies 
                identified under subsection (b); and
                    ``(B) to encourage the owners of buildings located 
                in a natural disaster mitigation zone to build or 
                modify the buildings in a manner that is likely to 
                produce more hazard mitigation benefits than the 
                minimum requirements of the mitigation policies 
                identified under subsection (b).
            ``(2) Types of incentives.--Incentives provided under 
        paragraph (1) may include--
                    ``(A) lower premiums for Federal flood insurance 
                under chapter 1 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4011 et seq.);
                    ``(B) more favorable financing through Federal 
                loans, loan guarantees, and insured loans; and
                    ``(C) other incentives within the authority of the 
                President or any Federal agency to provide.
    ``(e) Implementation.--Not later than 18 months after the date of 
enactment of this section, each Federal agency that provides financing, 
insurance, or other assistance for the construction, modification, or 
acquisition of buildings in natural disaster mitigation zones shall 
issue regulations to carry out this section.''.

SEC. 105. INTERAGENCY TASK FORCE.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section 104) is 
amended by adding at the end the following:

``SEC. 205. INTERAGENCY TASK FORCE.

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

SEC. 106. 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--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

SEC. 201. INSURANCE.

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

SEC. 202. MANAGEMENT COSTS.

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

``SEC. 322. MANAGEMENT COSTS.

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

SEC. 203. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE 
              DAMAGED FACILITIES.

    (a) Contributions.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Contributions.--
            ``(1) In general.--The President may make contributions--
                    ``(A) to a State or local government for the 
                repair, restoration, reconstruction, or replacement of 
                a public facility that is damaged or destroyed by a 
                major disaster and for associated expenses incurred by 
                the government; and
                    ``(B) subject to paragraph (2), to a person that 
                owns or operates a private nonprofit facility damaged 
                or destroyed by a major disaster for the repair, 
                restoration, reconstruction, or replacement of the 
                facility and for associated expenses incurred by the 
                person.
            ``(2) Conditions for assistance for private nonprofit 
        facilities.--
                    ``(A) Conditions.--The President may make 
                contributions for a private nonprofit facility under 
                paragraph (1)(B) only if--
                            ``(i) the facility provides critical 
                        infrastructure in the event of a major 
                        disaster;
                            ``(ii) the person that owns or operates the 
                        facility--
                                    ``(I) has applied for a disaster 
                                loan under section 7(b) of the Small 
                                Business Act (15 U.S.C. 636(b)); and
                                    ``(II) has been determined to be 
                                ineligible for such a loan; or
                            ``(iii) the person that owns or operates 
                        the facility has obtained such a loan in the 
                        maximum amount for which the Small Business 
                        Administration determines the facility is 
                        eligible.
                    ``(B) Determination of whether to declare a major 
                disaster.--In determining whether to declare under this 
                Act that a major disaster exists, the President shall 
                not take into account the amount of any disaster loan 
                under section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)) that is made to a person that owns or operates 
                a private nonprofit facility damaged or destroyed by 
                the major disaster.
                    ``(C) Determination of amount of contributions.--In 
                determining the amount of a contribution under 
                paragraph (1)(B) to a person that owns or operates a 
                private nonprofit facility damaged or destroyed by a 
                major disaster and that has obtained a disaster loan 
                under section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)) with respect to the facility and the major 
                disaster, the President shall not take into account the 
                amount of the loan.''.
    (b) Federal Share.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Federal Share.--
            ``(1) Minimum federal share.--Except as provided in 
        paragraph (2), the Federal share of assistance under this 
        section shall be not less than 75 percent of the eligible cost 
        of repair, restoration, reconstruction, or replacement carried 
        out under this section.
            ``(2) Reduced federal share.--The President shall 
        promulgate regulations to reduce the Federal share of 
        assistance under this section in the case of the repair, 
        restoration, reconstruction, or replacement of any eligible 
        public or private nonprofit facility--
                    ``(A) that has previously been damaged, on more 
                than 1 occasion, by the same type of event; and
                    ``(B) the owner of which has failed to implement 
                mitigation measures to address the hazard that caused 
                the damage to the facility.''.
    (c) Large In-Lieu Contributions.--Section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsection (c) and inserting the following:
    ``(c) Large In-Lieu Contributions.--
            ``(1) For public facilities.--
                    ``(A) In general.--In any case in which a State or 
                local government determines that the public welfare 
                would not be best served by repairing, restoring, 
                reconstructing, or replacing any public facility owned 
                or controlled by the State or local government, the 
                State or local government may elect to receive, in lieu 
                of a contribution under subsection (a)(1)(A), a 
                contribution in an amount equal to 75 percent of the 
                Federal share of the cost of repairing, restoring, 
                reconstructing, or replacing the facility and of 
                management costs, as estimated by the President.
                    ``(B) Use of funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        funds made available to a State or local 
                        government under this paragraph may be used to 
                        repair, restore, or expand other eligible 
                        public facilities, to construct new facilities, 
                        or to fund hazard mitigation measures, that the 
                        State or local government determines to be 
                        necessary to meet a need for governmental 
                        services and functions in the area affected by 
                        the major disaster.
                            ``(ii) Limitations.--Funds made available 
                        to a State or local government under this 
                        paragraph may not be used for--
                                    ``(I) any public facility located 
                                in a regulatory floodway (as defined in 
                                section 59.1 of title 44, Code of 
                                Federal Regulations (or a successor 
                                regulation)); or
                                    ``(II) any uninsured public 
                                facility located in a special flood 
                                hazard area identified by the Director 
                                of the Federal Emergency Management 
                                Agency under the National Flood 
                                Insurance Act of 1968 (42 U.S.C. 4001 
                                et seq.).
            ``(2) For private nonprofit facilities.--
                    ``(A) In general.--In any case in which a person 
                that owns or operates a private nonprofit facility 
                determines that the public welfare would not be best 
                served by repairing, restoring, reconstructing, or 
                replacing the facility, the person may elect to 
                receive, in lieu of a contribution under subsection 
                (a)(1)(B), a contribution in an amount equal to 75 
                percent of the Federal share of the cost of repairing, 
                restoring, reconstructing, or replacing the facility 
                and of management costs, as estimated by the President.
                    ``(B) Use of funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        funds made available to a person under this 
                        paragraph may be used to repair, restore, or 
                        expand other eligible private nonprofit 
                        facilities owned or operated by the person, to 
                        construct new private nonprofit facilities 
                        owned or operated by the person, or to fund 
                        hazard mitigation measures, that the person 
                        determines to be necessary to meet a need for 
                        services and functions in the area affected by 
                        the major disaster.
                            ``(ii) Limitations.--Funds made available 
                        to a person under this paragraph may not be 
                        used for--
                                    ``(I) any private nonprofit 
                                facility located in a regulatory 
                                floodway (as defined in section 59.1 of 
                                title 44, Code of Federal Regulations 
                                (or a successor regulation)); or
                                    ``(II) any uninsured private 
                                nonprofit facility located in a special 
                                flood hazard area identified by the 
                                Director of the Federal Emergency 
                                Management Agency under the National 
                                Flood Insurance Act of 1968 (42 U.S.C. 
                                4001 et seq.).''.
    (d) Eligible Cost.--
            (1) In general.--Section 406 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
        is amended by striking subsection (e) and inserting the 
        following:
    ``(e) Eligible Cost.--
            ``(1) Determination.--
                    ``(A) In general.--For the purposes of this 
                section, the President shall estimate the eligible cost 
                of repairing, restoring, reconstructing, or replacing a 
                public facility or private nonprofit facility--
                            ``(i) on the basis of the design of the 
                        facility as the facility existed immediately 
                        before the major disaster; and
                            ``(ii) in conformity with 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.--
                            ``(i) In general.--Subject to paragraph 
                        (2), the President shall use the cost 
                        estimation procedures developed under paragraph 
                        (3) to determine the eligible cost under this 
                        subsection.
                            ``(ii) Applicability.--The procedures 
                        specified in this paragraph and paragraph (2) 
                        shall apply only to projects the eligible cost 
                        of which is equal to or greater than the amount 
                        specified in section 422.
            ``(2) Modification of eligible cost.--
                    ``(A) Actual cost over 100 but less than or equal 
                to 120 percent of estimated cost.--If, after the date 
                on which a cost estimate under paragraph (1) is made, 
                additional disaster-related damage is discovered and 
                the total actual cost of the eligible repair, 
                restoration, reconstruction, or replacement of the 
                facility is greater than 100 but less than or equal to 
                120 percent of the cost estimated under paragraph (1), 
                the President shall determine that the eligible cost 
                shall be the actual cost of the repair, restoration, 
                reconstruction, or replacement described in paragraph 
                (1)(A).
                    ``(B) Actual cost exceeds 120 percent of estimated 
                cost.--If, after the date on which a cost estimate 
                under paragraph (1) is made, additional disaster-
                related damage is discovered and the total actual cost 
                of the eligible repair, restoration, reconstruction, or 
                replacement of the facility exceeds 120 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 described in paragraph (1)(A).
            ``(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 and State and 
        local government, 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.
    (e) Definition of Critical Infrastructure.--Section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122) is amended by adding at the end the following:
            ``(10) Critical infrastructure.--The term `critical 
        infrastructure' has the meaning given the term by the 
        President, but includes, at a minimum, the provision of power, 
        water, sewer, wastewater treatment, communications, and 
        emergency medical care.''.

SEC. 204. FEDERAL ASSISTANCE TO 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 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 households that--
            ``(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 
        or other financial assistance from the Small Business 
        Administration or another Federal agency, except that 
        households applying for assistance under subsection (c)(2) 
        shall not be required to demonstrate an inability to meet 
        necessary expenses and serious needs through loan or other 
        financial assistance from the Small Business Administration or 
        another Federal agency.
    ``(b) Housing Assistance.--
            ``(1) Eligibility.--The President may provide financial or 
        other assistance under this section to households to respond to 
        the disaster-related housing needs of households--
                    ``(A) that are displaced from their predisaster 
                primary residences; or
                    ``(B) the predisaster primary residences of which 
                are rendered uninhabitable as a result of damage caused 
                by a major disaster.
            ``(2) Determination of appropriate types of assistance.--
                    ``(A) In general.--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.
                    ``(B) Multiple types.--One or more types of housing 
                assistance may be provided, 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) Maximum duration.--Federal financial or direct 
        assistance under this subsection shall be provided for a period 
        of not longer than 18 months after the date of the declaration 
        by the President of the major disaster with respect to which 
        the assistance is provided, unless the President determines 
        that it is in the public interest to extend the 18-month 
        period.
            ``(2) Temporary housing.--
                    ``(A) Financial assistance.--
                            ``(i) In general.--The President may 
                        provide financial assistance under this section 
                        to 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.--Under this section, the 
                        President may directly provide housing units, 
                        acquired by purchase or lease, to households 
                        that, because of a lack of available housing 
                        resources, would be unable to make use of the 
                        assistance provided under subparagraph (A).
                            ``(ii) Collection of rent.--After the end 
                        of the 18-month period described in paragraph 
                        (1), the President may charge fair market rent 
                        for a housing unit provided under clause (i).
            ``(3) Repairs.--
                    ``(A) In general.--The President may provide 
                financial assistance for the repair, to a habitable or 
                functioning condition, of owner-occupied primary 
                residences, utilities, and residential infrastructure 
                (such as private access routes) damaged by a major 
                disaster.
                    ``(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 for All Urban Consumers published 
                        by the Department of Labor.
            ``(4) Permanent housing construction.--The President may 
        provide financial assistance or direct assistance under this 
        section to households to construct permanent housing in insular 
        areas outside the continental United States and in other remote 
        locations in cases in which--
                    ``(A) no alternative housing resources are 
                available;
                    ``(B) the types of temporary housing assistance 
                described in paragraph (2) are unavailable, infeasible, 
                or not cost effective; and
                    ``(C) the household has applied for and has been 
                determined to be ineligible for a disaster loan under 
                section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)).
    ``(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 that 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 household that is occupying the unit if the 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 general services 
                        administration 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 government entities 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 
                        government entity or to a voluntary 
                        organization, giving priority to State and 
                        local governments, for the sole purpose of 
                        providing temporary housing to victims of major 
                        disasters and emergencies if, as a condition of 
                        the sale, transfer, donation, or other making 
                        available, the State, other government entity, 
                        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) Temporary Mortgage or Rental Payment Assistance.--
            ``(1) In general.--The President may provide assistance on 
        a temporary basis in the form of mortgage or rental payments on 
        behalf of individuals or families who, as a result of financial 
        hardship caused by a major disaster, are at risk of 
        dispossession or eviction from a residence by reason of a 
        foreclosure of a mortgage or lien, cancellation of a contract 
        or sale, or termination of a lease, entered into before the 
        major disaster.
            ``(2) Duration of financial assistance.--Assistance under 
        paragraph (1) shall be provided for the period of the financial 
        hardship but not to exceed 18 months.
    ``(f) 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 a 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 a household described in 
        paragraph (1) to address personal property, transportation, and 
        other necessary expenses or serious needs resulting from the 
        major disaster.
    ``(g) State Role.--The President shall provide for the substantial 
and ongoing involvement of the affected State in administering 
assistance under this section.
    ``(h) Maximum Amount of Assistance.--The maximum amount of 
financial assistance that a 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.
    ``(i) Regulations.--The President shall promulgate 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.--
            (1) In general.--Section 411 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178) 
        is repealed.
            (2) Conforming amendment.--Section 204 of the Omnibus 
        Insular Areas Act of 1992 (42 U.S.C. 5204c) is amended by 
        striking ``408, and 411'' and inserting ``, and 408''.
    (d) Effective Date.--The amendments made by this section take 
effect 18 months after the date of enactment of this Act.

SEC. 205. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT PROGRAM.

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

SEC. 206. STUDY REGARDING COST REDUCTION.

    (a) Study.--The 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. 207. FIRE MANAGEMENT ASSISTANCE.

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

``SEC. 420. FIRE MANAGEMENT ASSISTANCE.

    ``(a) In General.--The President is authorized to provide 
assistance, including grants, equipment, supplies, and personnel, to 
any State or local government for the management and control of any 
fire on public or private forest land or grassland with urban interface 
that threatens such destruction as would constitute a major disaster.
    ``(b) 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.

SEC. 208. PUBLIC COMMENT REQUIREMENT.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 202(a)) 
is amended by adding at the end the following:

``SEC. 323. PUBLIC COMMENT REQUIREMENT.

    ``(a) In General.--The President shall provide an opportunity for 
public comment before adopting any new or modified policy governing 
implementation of the public assistance program administered by the 
Federal Emergency Management Agency under this Act.
    ``(b) Consultation.--
            ``(1) In general.--The President, to the maximum extent 
        practicable, shall solicit the views and recommendations of 
        grantees under the program concerning any potential policy to 
        be implemented under the program if the policy is likely--
                    ``(A) to have a significant financial impact on the 
                victims of a major disaster or emergency declared under 
                this Act; or
                    ``(B) to change the terms of a written agreement 
                concerning a declaration of a major disaster or 
                emergency under this Act.
            ``(2) No legal right of action.--Nothing in paragraph (1) 
        confers a legal right of action on any party.
    ``(c) Retroactive Application of Policies.--The President may not 
adopt any new or modified policy that would reduce retroactively the 
amount of assistance provided to a State or local government under this 
Act.''.

SEC. 209. COMMUNITY DISASTER LOANS.

    Section 417(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5184(a)) is amended--
            (1) by striking ``(a) The President'' and inserting the 
        following:
    ``(a) In General.--The President'';
            (2) by striking ``The amount'' and inserting the following:
    ``(b) Amount.--The amount'';
            (3) by striking ``Repayment'' and inserting the following:
    ``(c) Repayment.--
            ``(1) Cancellation.--Repayment'';
            (4) in subsection (b) (as designated by paragraph (2))--
                    (A) by striking ``and shall'' and inserting 
                ``shall''; and
                    (B) by inserting before the period at the end the 
                following: ``, and shall not exceed $5,000,000''; and
            (5) in subsection (c) (as designated by paragraph (3)), by 
        adding at the end the following:
            ``(2) Condition on continuing eligibility.--A local 
        government shall not be eligible for further assistance under 
        this section during any period in which the local government is 
        in arrears with respect to a required repayment of a loan under 
        this section.''.

                        TITLE III--MISCELLANEOUS

SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.

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

``SECTION 1. SHORT TITLE.

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

SEC. 302. DEFINITIONS.

    Section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended 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. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE 
              EMPLOYEES.

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

SEC. 304. INSPECTOR GENERAL.

    Title VII of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end 
the following:

``SEC. 705. INSPECTOR GENERAL.

    ``(a) Statute of Limitations.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        administrative action to recover any payment made to a State or 
        local government for emergency or disaster assistance under 
        this Act shall be initiated in any forum after the date that is 
        3 years after the date of transmission of the final expenditure 
        report for the emergency or disaster.
            ``(2) Fraud exception.--The limitation under paragraph (1) 
        shall apply unless there is evidence of civil or criminal 
        fraud.
    ``(b) Rebuttal of Presumption of Record Maintenance.--
            ``(1) In general.--In any dispute arising under this 
        section, there shall be a presumption that accounting records 
        were maintained that adequately identify the source and 
        application of funds provided for financially assisted 
        activities.
            ``(2) Affirmative evidence.--The presumption described in 
        paragraph (1) may be rebutted only on production of affirmative 
        evidence that the State or local government did not maintain 
        documentation described in that paragraph.
            ``(3) Inability to produce documentation.--The inability of 
        the Federal, State, or local government to produce source 
        documentation supporting expenditure reports later than 3 years 
        after the date of the transmission of the final expenditure 
        report shall not constitute evidence to rebut the presumption 
        described in paragraph (1).
            ``(4) Right of access.--The period during which the 
        Federal, State, or local government has the right to access 
        source documentation shall not be limited to the required 3-
        year retention period referred to in paragraph (3), but shall 
        last as long as the records are maintained.
    ``(c) Audit Standards.--A State or local government shall not be 
liable for reimbursement or any other penalty for any payment made 
under this Act if--
            ``(1) the payment was authorized by an approved agreement 
        specifying the costs;
            ``(2) the costs were reasonable; and
            ``(3) the purpose of the grant was accomplished.''.

SEC. 305. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    Texas Task Force 1, located in College Station, Texas, is 
designated as a federally recognized member of the National Urban 
Search and Rescue Response System.
                                 <all>