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






                                                       Calendar No. 550
106th CONGRESS
  2d Session
                                S. 1691

                          [Report No. 106-295]

     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, Mr. Voinovich, Mr. Grassley, Mr. 
     Smith of New Hampshire, Mr. DeWine, Mr. Baucus, and Mr. Bond) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                              May 16, 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Disaster 
Mitigation Act of 1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

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

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

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

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

       <DELETED>TITLE I--PREDISASTER HAZARD MITIGATION</DELETED>

<DELETED>SEC. 101. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) natural disasters, including earthquakes, 
        tsunamis, tornadoes, hurricanes, and flooding, pose great 
        danger to human life and to property throughout the United 
        States;</DELETED>
        <DELETED>    (2) greater emphasis needs to be placed on--
        </DELETED>
                <DELETED>    (A) identifying and assessing the risks to 
                States and local communities from natural 
                disasters;</DELETED>
                <DELETED>    (B) implementing adequate measures to 
                reduce losses from natural disasters; and</DELETED>
                <DELETED>    (C) ensuring that the critical 
                infrastructure and facilities of communities will 
                continue to function after a natural 
                disaster;</DELETED>
        <DELETED>    (3) expenditures for postdisaster assistance are 
        increasing without commensurate reductions in the likelihood of 
        future losses from natural disasters;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) form effective community-based 
                partnerships for hazard mitigation purposes;</DELETED>
                <DELETED>    (B) implement effective hazard mitigation 
                measures that reduce the potential damage from natural 
                disasters;</DELETED>
                <DELETED>    (C) ensure continued functionality of the 
                critical infrastructure of communities;</DELETED>
                <DELETED>    (D) leverage additional non-Federal 
                resources in meeting natural disaster resistance goals; 
                and</DELETED>
                <DELETED>    (E) make commitments to long-term hazard 
                mitigation efforts to be applied to new and existing 
                construction.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to establish a 
national disaster hazard mitigation program--</DELETED>
        <DELETED>    (1) to reduce the loss of life and property, human 
        suffering, economic disruption, and disaster assistance costs 
        resulting from natural disasters; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. PREDISASTER HAZARD MITIGATION.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 203. PREDISASTER HAZARD MITIGATION.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Uses of Technical and Financial Assistance.--
Technical and financial assistance provided under subsection (b)--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) may be used--</DELETED>
                <DELETED>    ``(A) to support effective public-private 
                natural disaster hazard mitigation 
                partnerships;</DELETED>
                <DELETED>    ``(B) to ensure that new development and 
                construction is resistant to natural 
                disasters;</DELETED>
                <DELETED>    ``(C) to improve the assessment of a 
                community's vulnerability to natural hazards; 
                or</DELETED>
                <DELETED>    ``(D) to establish hazard mitigation 
                priorities, and an appropriate hazard mitigation plan, 
                for a community.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the extent and nature of the hazards to be 
        mitigated;</DELETED>
        <DELETED>    ``(2) the degree of commitment of the State or 
        local government to reduce damages from future natural 
        disasters; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) National Predisaster Mitigation Fund.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Transfers to fund.--There shall be deposited 
        in the Fund--</DELETED>
                <DELETED>    ``(A) amounts appropriated to carry out 
                this section, which shall remain available until 
                expended; and</DELETED>
                <DELETED>    ``(B) sums available from gifts, bequests, 
                or donations of services or property received by the 
                Director for the purpose of predisaster hazard 
                mitigation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Investment of amounts.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Acquisition of obligations.--For the 
                purpose of investments under subparagraph (A), 
                obligations may be acquired--</DELETED>
                        <DELETED>    ``(i) on original issue at the 
                        issue price; or</DELETED>
                        <DELETED>    ``(ii) by purchase of outstanding 
                        obligations at the market price.</DELETED>
                <DELETED>    ``(C) Sale of obligations.--Any obligation 
                acquired by the Fund may be sold by the Secretary of 
                the Treasury at the market price.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Transfers of amounts.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Termination of Authority.--The authority provided by 
this section terminates December 31, 2003.''.</DELETED>

<DELETED>SEC. 103. MAXIMUM CONTRIBUTION FOR MITIGATION COSTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 104. NATURAL DISASTER MITIGATION ZONES.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 204. NATURAL DISASTER MITIGATION ZONES.</DELETED>

<DELETED>    ``(a) Designation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Integration and development of all-hazard 
        maps.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Availability to the public.--The 
                maps and other resources developed under subparagraph 
                (A) shall be made available to the public.</DELETED>
<DELETED>    ``(b) Disaster Mitigation Policies.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the American Society of Civil 
                Engineers;</DELETED>
                <DELETED>    ``(B) the American Society for Testing and 
                Materials; or</DELETED>
                <DELETED>    ``(C) any other voluntary consensus 
                standard setting organization.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Incentives.--</DELETED>
        <DELETED>    ``(1) In general.--The President may provide 
        incentives--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Types of incentives.--Incentives provided 
        under paragraph (1) may include--</DELETED>
                <DELETED>    ``(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.);</DELETED>
                <DELETED>    ``(B) more favorable financing through 
                Federal loans, loan guarantees, and insured loans; 
                and</DELETED>
                <DELETED>    ``(C) other incentives within the 
                authority of the President or any Federal agency to 
                provide.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 105. INTERAGENCY TASK FORCE.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 205. INTERAGENCY TASK FORCE.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Chairperson.--The Director of the Federal Emergency 
Management Agency shall serve as the chairperson of the task 
force.</DELETED>
<DELETED>    ``(c) Membership.--The membership of the task force shall 
include representatives of State and local government organizations and 
the Red Cross.''.</DELETED>

<DELETED>SEC. 106. CONFORMING AMENDMENT.</DELETED>

<DELETED>    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:</DELETED>

       <DELETED>``TITLE II--DISASTER PREPAREDNESS AND MITIGATION 
                         ASSISTANCE''</DELETED>

        <DELETED>TITLE II--DISASTER PREPAREDNESS AND MITIGATION 
                          ASSISTANCE</DELETED>

<DELETED>SEC. 201. INSURANCE.</DELETED>

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

<DELETED>SEC. 202. MANAGEMENT COSTS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 322. MANAGEMENT COSTS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Regulations.--The President shall promulgate 
regulations to define appropriate costs to be included in management 
costs under this section.''.</DELETED>
<DELETED>    (b) Applicability.--Section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (as added by subsection 
(a)) shall apply as follows:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 203. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR 
              REPLACE DAMAGED FACILITIES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(a) Contributions.--</DELETED>
        <DELETED>    ``(1) In general.--The President may make 
        contributions--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Conditions for assistance for private 
        nonprofit facilities.--</DELETED>
                <DELETED>    ``(A) Conditions.--The President may make 
                contributions for a private nonprofit facility under 
                paragraph (1)(B) only if--</DELETED>
                        <DELETED>    ``(i) the facility provides 
                        critical infrastructure in the event of a major 
                        disaster;</DELETED>
                        <DELETED>    ``(ii) the person that owns or 
                        operates the facility--</DELETED>
                                <DELETED>    ``(I) has applied for a 
                                disaster loan under section 7(b) of the 
                                Small Business Act (15 U.S.C. 636(b)); 
                                and</DELETED>
                                <DELETED>    ``(II) has been determined 
                                to be ineligible for such a loan; 
                                or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(b) Federal Share.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) that has previously been damaged, on 
                more than 1 occasion, by the same type of event; 
                and</DELETED>
                <DELETED>    ``(B) the owner of which has failed to 
                implement mitigation measures to address the hazard 
                that caused the damage to the facility.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(c) Large In-Lieu Contributions.--</DELETED>
        <DELETED>    ``(1) For public facilities.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Use of funds.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Limitations.--Funds made 
                        available to a State or local government under 
                        this paragraph may not be used for--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(2) For private nonprofit facilities.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Use of funds.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Limitations.--Funds made 
                        available to a person under this paragraph may 
                        not be used for--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.).''.</DELETED>
<DELETED>    (d) Eligible Cost.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(e) Eligible Cost.--</DELETED>
        <DELETED>    ``(1) Determination.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) on the basis of the design 
                        of the facility as the facility existed 
                        immediately before the major disaster; 
                        and</DELETED>
                        <DELETED>    ``(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.)).</DELETED>
                <DELETED>    ``(B) Cost estimation procedures.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Modification of eligible cost.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 204. FEDERAL ASSISTANCE TO HOUSEHOLDS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 408. FEDERAL ASSISTANCE TO HOUSEHOLDS.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) as a direct result of a major disaster have 
        necessary expenses and serious needs; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Housing Assistance.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) that are displaced from their 
                predisaster primary residences; or</DELETED>
                <DELETED>    ``(B) the predisaster primary residences 
                of which are rendered uninhabitable as a result of 
                damage caused by a major disaster.</DELETED>
        <DELETED>    ``(2) Determination of appropriate types of 
        assistance.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Types of Housing Assistance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Temporary housing.--</DELETED>
                <DELETED>    ``(A) Financial assistance.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Amount.--The amount of 
                        assistance under clause (i) shall be based on 
                        the sum of--</DELETED>
                                <DELETED>    ``(I) the fair market rent 
                                for the accommodation being provided; 
                                and</DELETED>
                                <DELETED>    ``(II) the cost of any 
                                transportation, utility hookups, or 
                                unit installation not being directly 
                                provided by the President.</DELETED>
                <DELETED>    ``(B) Direct assistance.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Repairs.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is used for emergency 
                        repairs to make a private primary residence 
                        habitable; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) no alternative housing resources are 
                available;</DELETED>
                <DELETED>    ``(B) the types of temporary housing 
                assistance described in paragraph (2) are unavailable, 
                infeasible, or not cost effective; and</DELETED>
                <DELETED>    ``(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)).</DELETED>
<DELETED>    ``(d) Terms and Conditions Relating to Housing 
Assistance.--</DELETED>
        <DELETED>    ``(1) Sites.--</DELETED>
                <DELETED>    ``(A) In general.--Any readily fabricated 
                dwelling provided under this section shall, whenever 
                practicable, be located on a site that--</DELETED>
                        <DELETED>    ``(i) is provided by the State or 
                        local government; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Disposal of units.--</DELETED>
                <DELETED>    ``(A) Sale to occupants.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Sales price.--Sales of 
                        temporary housing units under clause (i) shall 
                        be accomplished at prices that are fair and 
                        equitable.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Other methods of disposal.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) to comply with the 
                                nondiscrimination provisions of section 
                                308; and</DELETED>
                                <DELETED>    ``(II) to obtain and 
                                maintain hazard and flood insurance on 
                                the housing unit.</DELETED>
<DELETED>    ``(e) Temporary Mortgage or Rental Payment Assistance.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Financial Assistance To Address Other Needs.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) State Role.--The President shall provide for the 
substantial and ongoing involvement of the affected State in 
administering assistance under this section.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Repeal of Individual and Family Grant Programs.--
</DELETED>
        <DELETED>    (1) In general.--Section 411 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5178) is repealed.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
take effect 18 months after the date of enactment of this 
Act.</DELETED>

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

<DELETED>    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:</DELETED>
<DELETED>    ``(c) Program Administration by States.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the demonstrated ability of the 
                State to manage the grant program under this 
                section;</DELETED>
                <DELETED>    ``(B) submission of the plan required 
                under section 201(c); and</DELETED>
                <DELETED>    ``(C) a demonstrated commitment to 
                mitigation activities.</DELETED>
        <DELETED>    ``(3) Approval.--The President shall approve an 
        application submitted under paragraph (1) that meets the 
        criteria established under paragraph (2).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Audits.--The President shall provide for 
        periodic audits of the hazard mitigation grant programs 
        administered by States under this subsection.''.</DELETED>

<DELETED>SEC. 206. STUDY REGARDING COST REDUCTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 207. FIRE MANAGEMENT ASSISTANCE.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 420. FIRE MANAGEMENT ASSISTANCE.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Essential Assistance.--In providing assistance under 
this section, the President may use the authority provided under 
section 403.</DELETED>
<DELETED>    ``(c) Rules and Regulations.--The President shall 
prescribe such rules and regulations as are necessary to carry out this 
section.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
takes effect 1 year after the date of enactment of this Act.</DELETED>

<DELETED>SEC. 208. PUBLIC COMMENT REQUIREMENT.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 323. PUBLIC COMMENT REQUIREMENT.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Consultation.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) to have a significant financial 
                impact on the victims of a major disaster or emergency 
                declared under this Act; or</DELETED>
                <DELETED>    ``(B) to change the terms of a written 
                agreement concerning a declaration of a major disaster 
                or emergency under this Act.</DELETED>
        <DELETED>    ``(2) No legal right of action.--Nothing in 
        paragraph (1) confers a legal right of action on any 
        party.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 209. COMMUNITY DISASTER LOANS.</DELETED>

<DELETED>    Section 417(a) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5184(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(a) The President'' and 
        inserting the following:</DELETED>
<DELETED>    ``(a) In General.--The President'';</DELETED>
        <DELETED>    (2) by striking ``The amount'' and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Amount.--The amount'';</DELETED>
        <DELETED>    (3) by striking ``Repayment'' and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Repayment.--</DELETED>
        <DELETED>    ``(1) Cancellation.--Repayment'';</DELETED>
        <DELETED>    (4) in subsection (b) (as designated by paragraph 
        (2))--</DELETED>
                <DELETED>    (A) by striking ``and shall'' and 
                inserting ``shall''; and</DELETED>
                <DELETED>    (B) by inserting before the period at the 
                end the following: ``, and shall not exceed 
                $5,000,000''; and</DELETED>
        <DELETED>    (5) in subsection (c) (as designated by paragraph 
        (3)), by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

              <DELETED>TITLE III--MISCELLANEOUS</DELETED>

<DELETED>SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 302. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 303. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL 
              AND STATE EMPLOYEES.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(7) `public safety officer' means--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) an employee of the Federal Emergency 
                Management Agency who is performing official duties of 
                the Agency in an area, if those official duties--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) are determined by the 
                        Director of the Federal Emergency Management 
                        Agency to be hazardous duties; or</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) are determined by the head 
                        of the agency to be hazardous 
                        duties.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 304. INSPECTOR GENERAL.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 705. INSPECTOR GENERAL.</DELETED>

<DELETED>    ``(a) Statute of Limitations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Fraud exception.--The limitation under 
        paragraph (1) shall apply unless there is evidence of civil or 
        criminal fraud.</DELETED>
<DELETED>    ``(b) Rebuttal of Presumption of Record Maintenance.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the payment was authorized by an approved 
        agreement specifying the costs;</DELETED>
        <DELETED>    ``(2) the costs were reasonable; and</DELETED>
        <DELETED>    ``(3) the purpose of the grant was 
        accomplished.''.</DELETED>

<DELETED>SEC. 305. NATIONAL URBAN SEARCH AND RESCUE RESPONSE 
              SYSTEM.</DELETED>

<DELETED>    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.</DELETED>

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. Natural disaster mitigation zones.
Sec. 104. Interagency task force.

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

Sec. 201. Insurance.
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 204. Mitigation planning; hazard resistant construction standards.
Sec. 205. State administration of hazard mitigation grant program.
Sec. 206. Study regarding cost reduction.
Sec. 207. Fire management assistance.
Sec. 208. Public notice, comment, and consultation requirements.
Sec. 209. Community disaster loans.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Public safety officer benefits for certain Federal and State 
                            employees.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Conforming amendment.

                 TITLE I--PREDISASTER HAZARD MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) natural disasters, including earthquakes, tsunamis, 
        tornadoes, hurricanes, flooding, and wildfires, pose great 
        danger to human life and to property throughout the United 
        States;
            (2) greater emphasis needs to be placed on--
                    (A) identifying and assessing the risks to States 
                and local communities from natural 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. 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 geographic 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 and Practices.--
            ``(1) In general.--In order to reduce the likelihood or 
        severity of damage from the hazards anticipated to occur in 
        natural disaster mitigation zones designated under subsection 
        (a), the President shall assign to the Director of the Federal 
        Emergency Management Agency the primary responsibility for 
        identifying disaster mitigation policies and practices for 
        implementation in natural disaster mitigation zones.
            ``(2) Policies and practices.--The policies and practices 
        referred to in paragraph (1) shall include--
                    ``(A) nationally mandated policies and practices 
                comparable to--
                            ``(i) Executive Order No. 11988 (42 U.S.C. 
                        4321 note; relating to floodplain management);
                            ``(ii) Executive Order No. 12699 (55 Fed. 
                        Reg. 835; relating to seismic safety of Federal 
                        and federally assisted or regulated new 
                        building construction); and
                            ``(iii) Executive Order No. 12941 (59 Fed. 
                        Reg. 232; relating to seismic safety of 
                        existing federally owned or leased buildings); 
                        and
                    ``(B) recommended voluntary minimum model building 
                codes, consensus standards, test methods, and 
                specifications, such as those established by--
                            ``(i) the International Code Council and 
                        its member organizations;
                            ``(ii) the National Fire Protection 
                        Association;
                            ``(iii) the American National Standards 
                        Institute;
                            ``(iv) the American Society of Testing 
                        Materials; and
                            ``(v) the American Society of Civil 
                        Engineers.
    ``(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 
policies and practices, voluntary minimum model building codes, 
consensus standards, test methods, and specifications 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. 104. 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 103) 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 
American Red Cross.''.

       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.--Not 
                later than 1 year after the date of enactment of this 
                subparagraph, the President shall promulgate 
                regulations under which States, communities, and other 
                applicants subject to paragraph (1) shall be required 
                to protect 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 methods;
                                    ``(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 
                                experts in insurance, disaster 
                                preparedness, risk management, and 
                                finance 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.
    (c) Conforming Amendments.--
            (1) In general.--Section 406 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
        is amended by striking subsection (f).
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on the date of publication in the Federal Register 
        of the management cost rates established under section 322(b) 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (as added by subsection (a)).

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.--
                    ``(A) Authority.--The President may make 
                contributions--
                            ``(i) 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
                            ``(ii) 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.
                    ``(B) Associated expenses.--For the purposes of 
                this section, associated expenses shall include--
                            ``(i) the costs of mobilizing and employing 
                        the National Guard for performance of eligible 
                        work;
                            ``(ii) 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;
                            ``(iii) base and overtime wages for 
                        employees and extra hires performing eligible 
                        work plus fringe benefits on such wages to the 
                        extent that such benefits were being paid 
                        before the major disaster; and
                            ``(iv) other expenses determined 
                        appropriated by the President.
            ``(2) Conditions for assistance for private nonprofit 
        facilities.--The President may make contributions for a private 
        nonprofit facility under paragraph (1)(B) only if--
                    ``(A) the facility provides critical infrastructure 
                in the event of a major disaster;
                    ``(B) 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
                    ``(C) 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.
            ``(3) Notification to congress.--Before making any 
        contribution under this section in an amount greater than 
        $20,000,000, the President shall notify--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate;
                    ``(B) the Committee on Appropriations of the 
                Senate;
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(D) the Committee on Appropriations of the House 
                of Representatives.''.
    (b) Federal Share.--Section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by 
striking subsection (b) and 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 
                appropriate 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 greater than ceiling percentage 
                of estimated cost.--In any case in which the actual 
                cost of repairing, restoring, reconstructing, or 
                replacing a facility under this section is greater than 
                the ceiling percentage established under paragraph (3) 
                of the cost estimated under paragraph (1), the 
                President may determine that the eligible cost includes 
                a portion of the actual cost of the repair, 
                restoration, reconstruction, or replacement that 
                exceeds the cost estimated under paragraph (1).
                    ``(B) Actual cost less than estimated cost.--
                            ``(i) Greater than or equal to floor 
                        percentage of estimated cost.--In any case in 
                        which the actual cost of repairing, restoring, 
                        reconstructing, or replacing a facility under 
                        this section is less than 100 percent of the 
                        cost estimated under paragraph (1), but is 
                        greater than or equal to the floor percentage 
                        established under paragraph (3) of the cost 
                        estimated under paragraph (1), the State or 
                        local government or person receiving funds 
                        under this section shall use the excess funds 
                        to carry out cost-effective activities that 
                        reduce the risk of future damage, hardship, or 
                        suffering from a major disaster.
                            ``(ii) Less than floor percentage of 
                        estimated cost.--In any case in which the 
                        actual cost of repairing, restoring, 
                        reconstructing, or replacing a facility under 
                        this section is less than the floor percentage 
                        established under paragraph (3) of the cost 
                        estimated under paragraph (1), the State or 
                        local government or person receiving assistance 
                        under this section shall reimburse the 
                        President in the amount of the difference.
                    ``(C) No effect on appeals process.--Nothing in 
                this paragraph affects any right of appeal under 
                section 423.
            ``(3) Expert panel.--
                    ``(A) Establishment.--Not later than 18 months 
                after the date of enactment of this 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.
                    ``(B) Duties.--The expert panel shall develop 
                recommendations concerning--
                            ``(i) procedures for estimating the cost of 
                        repairing, restoring, reconstructing, or 
                        replacing a facility consistent with industry 
                        practices; and
                            ``(ii) the ceiling and floor percentages 
                        referred to in paragraph (2).
                    ``(C) Regulations.--Taking into account the 
                recommendations of the expert panel under subparagraph 
                (B), the President shall promulgate regulations to 
                establish procedures and the ceiling and floor 
                percentages referred to in paragraph (2).
                    ``(D) Review by president.--Not later than 2 years 
                after the date of promulgation of regulations under 
                subparagraph (C) and periodically thereafter, the 
                President shall review the cost estimation procedures 
                and the ceiling and floor percentages established under 
                this paragraph.
                    ``(E) Report to congress.--Not later than 1 year 
                after the date of promulgation of regulations under 
                subparagraph (C), 2 years after that date, and at the 
                end of each 2-year period thereafter, the expert panel 
                shall submit to Congress a report on the 
                appropriateness of the cost estimation procedures.
            ``(4) Special rule.--In any case in which the facility 
        being repaired, restored, reconstructed, or 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 (including water provided by a nongovernment entity), 
        sewer, wastewater treatment, communications, and essential 
        medical care.''.

SEC. 204. MITIGATION PLANNING; HAZARD RESISTANT CONSTRUCTION STANDARDS.

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

``SEC. 323. MITIGATION PLANNING.

    ``(a) Requirement of Mitigation Plan.--As a condition of receipt of 
a disaster loan or grant under this Act, a State, local, or tribal 
government shall develop and submit for approval to the Director of the 
Federal Emergency Management Agency a mitigation plan that outlines 
processes for identifying the natural hazards, risks, and 
vulnerabilities of the area under the jurisdiction of the government.
    ``(b) Local and Tribal Plans.--Each mitigation plan developed by a 
local or tribal government shall--
            ``(1) describe actions to mitigate hazards, risks, and 
        vulnerabilities identified under the plan; and
            ``(2) establish a strategy to implement those actions.
    ``(c) State Plans.--The State process of development of a 
mitigation plan under this section shall--
            ``(1) identify the natural hazards, risks, and 
        vulnerabilities of areas in the State;
            ``(2) support development of local mitigation plans;
            ``(3) provide for technical assistance to local and tribal 
        governments for mitigation planning; and
            ``(4) identify and prioritize mitigation actions that the 
        State will support, as resources become available.
    ``(d) Funding.--
            ``(1) In general.--Federal contributions under section 404 
        may be used to fund the development and updating of mitigation 
        plans under this section.
            ``(2) Maximum federal contribution.--With respect to any 
        mitigation plan, a State, local, or tribal government may use 
        an amount of Federal contributions under section 404 not to 
        exceed 5 percent of the amount of such contributions available 
        to the government as of a date determined by the government.
    ``(e) Increased Federal Share for Hazard Mitigation Measures.--If, 
at the time of the declaration of a major disaster, a State has in 
effect an approved mitigation plan under this section, the President 
may increase to 20 percent, with respect to the major disaster, the 
maximum percentage specified in the last sentence of section 404(a).

``SEC. 324. HAZARD RESISTANT CONSTRUCTION STANDARDS.

    ``(a) In General.--As a condition of receipt of a disaster loan or 
grant under this Act--
            ``(1) the recipient shall carry out any repair or 
        construction to be financed with the loan or grant in 
        accordance with applicable standards of safety, decency, and 
        sanitation and in conformity with applicable codes, 
        specifications, and standards; and
            ``(2) the President may require safe land use and 
        construction practices, after adequate consultation with 
        appropriate State and local government officials.
    ``(b) Evidence of Compliance.--A recipient of a disaster loan or 
grant under this Act shall provide such evidence of compliance with 
this section as the President may require by regulation.''.
    (b) Conforming Amendments.--
            (1) Section 404(a) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is 
        amended in the second sentence by striking ``section 409'' and 
        inserting ``section 323''.
            (2) Section 409 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5176) is repealed.

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

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is 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) having in effect an approved mitigation plan 
                under section 323; 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 National Academy of Sciences 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 National Academy of Sciences shall submit to Congress a 
report on the results of the study.

SEC. 207. FIRE MANAGEMENT ASSISTANCE.

    (a) In General.--Section 420 of the Robert T. 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 mitigation, management, and 
control of any fire on public or private forest land or grassland with 
urban interface that threatens such destruction as would constitute a 
major disaster.
    ``(b) Coordination With State Departments of Forestry.--In 
providing assistance under this section, the President shall coordinate 
with State departments of forestry.
    ``(c) Essential Assistance.--In providing assistance under this 
section, the President may use the authority provided under section 
403.
    ``(d) Rules and Regulations.--The President shall prescribe such 
rules and regulations as are necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect 1 year after the date of enactment of this Act.

SEC. 208. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

    Title III of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 204) is 
amended by adding at the end the following:

``SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.

    ``(a) Public Notice and Comment Concerning New or Modified 
Policies.--
            ``(1) In general.--The President shall provide for public 
        notice and opportunity for comment before adopting any new or 
        modified policy that--
                    ``(A) governs implementation of the public 
                assistance program administered by the Federal 
                Emergency Management Agency under this Act; and
                    ``(B) could result in a significant reduction of 
                assistance under the program.
            ``(2) Application.--Any policy adopted under paragraph (1) 
        shall apply only to a major disaster or emergency declared on 
        or after the date on which the policy is adopted.
    ``(b) Consultation Concerning Interim Policies.--Before adopting 
any interim policy under the public assistance program to address 
specific conditions that relate to a major disaster or emergency that 
has been declared under this Act, the President, to the maximum extent 
practicable, shall solicit the views and recommendations of grantees 
and subgrantees with respect to the major disaster or emergency 
concerning the potential interim policy, if the interim policy is 
likely--
            ``(1) to result in a significant reduction of assistance to 
        applicants for the assistance with respect to the major 
        disaster or emergency; or
            ``(2) to change the terms of a written agreement to which 
        the Federal Government is a party concerning the declaration of 
        the major disaster or emergency.
    ``(c) Public Access.--The President shall promote public access to 
policies governing the implementation of the public assistance program.
    ``(d) No Legal Right of Action.--Nothing in this section confers a 
legal right of action on any party.''.

SEC. 209. COMMUNITY DISASTER LOANS.

    Section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184) 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) by striking ``(b) Any loans'' and inserting the 
        following:
    ``(d) Effect on Other Assistance.--Any loans'';
            (5) 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
            (6) 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. DISASTER GRANT CLOSEOUT PROCEDURES.

    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. DISASTER GRANT CLOSEOUT PROCEDURES.

    ``(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 disaster or emergency 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 disaster or emergency.
            ``(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 after the date that is 3 years after the date of 
        transmission of the final expenditure report for the disaster 
        or emergency, 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) Binding Nature of Grant Requirements.--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. 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''.




                                                       Calendar No. 550

106th CONGRESS

  2d Session

                                S. 1691

                          [Report No. 106-295]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 16, 2000

                       Reported with an amendment