[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 583 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 583

     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

                             March 10, 1999

 Mr. Chafee (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Robert T. Stafford Disaster Relief and 
                            Emergency Assistance Act.
                 TITLE I--PREDISASTER HAZARD MITIGATION

Sec. 101. Findings and purpose.
Sec. 102. Predisaster Hazard Mitigation.
Sec. 103. Maximum contribution for mitigation costs.
Sec. 104. Conforming amendment.
       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

Sec. 201. Insurance.
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace 
                            damaged facilities.
Sec. 204. Federal assistance to households.
Sec. 205. Repeals.

SEC. 2. AMENDMENTS TO THE ROBERT T. STAFFORD DISASTER RELIEF AND 
              EMERGENCY ASSISTANCE ACT.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.).

                TITLE I--PREDISASTER HAZARDS MITIGATION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) natural disasters, including earthquakes, tsunamis, 
        tornadoes, hurricanes, and flooding, cause great danger to 
        human life and to property throughout the United States;
            (2) greater emphasis needs to be placed on identifying and 
        assessing the risks to State and local communities and on 
        implementing adequate measures to reduce losses from such 
        disasters, and to ensure that communities' critical public 
        infrastructure and facilities will continue to function after a 
        disaster;
            (3) expenditures for postdisaster assistance are increasing 
        without commensurate reductions in the likelihood of future 
        losses from such natural disasters;
            (4) high priority in the expenditure of Federal funds under 
        this Act should be given to mitigate hazards for existing and 
        new construction at the local level;
            (5) with a unified effort of economic incentives, awareness 
        and education, technical assistance, and demonstrated Federal 
        support, States and local communities can form effective 
        community-based partnerships for hazard mitigation purposes, 
        implement effective hazards mitigation measures that reduce the 
        existing disaster potential, ensure continued functionality of 
        communities' critical public infrastructure, leverage 
        additional non-Federal resources into their disaster resistance 
        goals, and make commitments to long-term mitigation efforts in 
        new and existing construction.
    (b) Purpose.--It is the purpose of this Act to establish a national 
disaster mitigation program that--
            (1) reduces the loss of life and property, human suffering, 
        economic disruption, and disaster assistance costs resulting 
        from natural hazards, and
            (2) provides a source of predisaster mitigation funding 
        that will assist States and local governments in implementing 
        effective mitigation measures that are designed to ensure the 
        continued functionality of their critical facilities and public 
        infrastructure after a natural disaster.

SEC. 102. PREDISASTER HAZARD MITIGATION.

    (a) Title II of the Act is amended by adding new section 203 as 
follows:

``SEC. 203. PREDISASTER HAZARD MITIGATION.

    ``(a) General Authority.--The Director may establish a program of 
technical and financial assistance to States and local governments that 
implement predisaster mitigation measures in order to reduce injuries 
and loss of life and damage and destruction of property, including 
damage to their critical public infrastructure and facilities.
    ``(b) Approval by Director.--If the Director finds that a State or 
local government has identified all natural disaster hazards in its 
jurisdiction and has demonstrated its ability to form effective public/
private disaster mitigation partnerships, he may provide financial 
assistance to the State or local government for such purposes from the 
fund established under subsection (d) of this section.
    ``(c) Purpose of Grants.--(1) The financial assistance shall be 
used principally by States and local governments to implement the 
predisaster hazard mitigation measures contained in proposals approved 
by the Director. Funding may also be used to support effective public/
private partnerships, to ensure that new community growth and 
construction is disaster resistant, and to improve the assessment of a 
community's natural hazards vulnerabilities or to set a community's 
mitigation priorities.
    ``(2) The Director shall take into account the following when 
establishing priorities for predisaster mitigation grants:
            ``(A) The level and nature of the risks to be mitigated.
            ``(B) Grantee commitment to reduce damages from future 
        disaster.
            ``(C) Commitment by the State or local government to 
        support ongoing non-Federal support for the mitigation measures 
        to be undertaken.
    ``(d) National Predisaster Mitigation Fund.--To carry out the 
predisaster mitigation program authorized in subsection (a), the 
Director may establish in the United States Treasury a National 
Predisaster Mitigation Fund (``Fund''), which shall be available 
without fiscal year limitation for grants to States and local 
governments under subsection (b) of this section.
    ``(e) Funds for the Account.--The Fund shall be credited with:
            ``(1) funds appropriated by the Congress for the purposes 
        of this section, which funds shall be available until expended; 
        and
            ``(2) sums available from bequests, gifts, or donations of 
        service, money, or property, real, personal, or mixed, 
        tangible, or intangible, given for purposes of predisaster 
        mitigation.
    ``(f) Federal Share.--Subject to the provisions of subsections (g) 
and (h) of this section, grants from the Fund shall be not more than 75 
percent of the total costs of the mitigation proposal(s) approved by 
the Director.
    ``(g) Limit on Grants.--No grants shall be made in excess of the 
money available in the Fund.
    ``(h) Rules Governing the Account.--The Director shall publish 
rules to carry out the provisions of this section.''.
    (b) Effective Date.--Subsection (a) of this section shall take 
effect on the date of enactment of the Disaster Mitigation Act of 1999.

SEC. 103. MAXIMUM CONTRIBUTION FOR MITIGATION COSTS.

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

SEC. 104. CONFORMING AMENDMENT.

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

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

       TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

SEC. 201. INSURANCE.

    Section 311(a)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5154(a)(2)) is amended--
            (a) by inserting ``(A)'' before the sentence; and
            (b) by adding paragraph (B) to the subsection as follows:
                    ``(B) The President shall publish rules to require 
                States, communities or other applicants to protect 
                property through self-insurance or adequate mitigation 
                measures if the appropriate State insurance 
                commissioner makes the certification provided in 
paragraph (A) and the President determines that the property is not 
adequately protected against natural or other disasters.''

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 a new Section 322 as follows:

``SEC. 322. MANAGEMENT COSTS.

    ``(a) Definition of Management Cost.--The term `management cost', 
as used in this section, includes any indirect cost, administrative 
expense, and any other expense not directly chargeable to a specific 
project under a major disaster, emergency, or emergency preparedness 
activity or measure.
    ``(b) Management Cost Rates.--Notwithstanding any other provision 
of law (including any administrative rule or guidance), the President 
shall establish management cost rates for grantees and subgrantees that 
shall be used to determine contributions under this Act for management 
costs.
    ``(c) Review.--The President shall review the management cost rates 
established under subsection (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 that subsection, section 406(f) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5172(f)) shall be used for establishing the 
        rates.
            (2) Review; Other Expenses.--Section 322(c) of that Act 
        shall apply to each major disaster declared under that Act on 
        or after the date on which the President establishes the 
        management cost rates under that section.

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

    (a) Minimum Federal Share.--Section 406(b) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5172(b)) is amended to read as follows:
    ``(b)(1) Except as provided in paragraph (2) of this subsection, 
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) The President shall publish rules to reduce the Federal share 
of assistance under this section for the repair, restoration, 
reconstruction, or replacement of any eligible public or private 
nonprofit facility that has previously received significant disaster 
assistance under this Act on multiple occasions.''.
    (b) Contributions and Federal Share.--Section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
is amended by striking subsection (e) and inserting new subsection (e) 
to read as follows:
    ``(e) Eligible Cost.--
            ``(1) Determination.--
                    ``(A) In general.--For the purposes of this 
                section, the President shall estimate the eligible cost 
                of repairing, restoring, reconstructing, or replacing a 
                public facility or private nonprofit facility--
                            ``(i) on the basis of the design of the 
                        facility as the facility existed immediately 
                        before the major disaster; and
                            ``(ii) in conformity with current 
                        applicable codes, specifications, and standards 
                        (including floodplain management and hazard 
                        mitigation criteria required by the President 
                        or under the Coastal Barrier Resources Act (16 
                        U.S.C. 3501 et seq.)).
                    ``(B) Cost estimation procedures.--Subject to 
                paragraph (2), the President shall use the cost 
                estimation procedures developed under paragraph (3) to 
                make the estimate under subparagraph (A).
            ``(2) Modification of eligible cost.--If the actual cost of 
        repairing, restoring, reconstructing, or replacing a facility 
        under this section is more than 120 percent or less than 80 
        percent of the cost estimated under paragraph (1), the 
        President may determine that the eligible cost shall be the 
        actual cost of the repair, restoration, reconstruction, or 
        replacement.
            ``(3) Expert panel.--Not later than 18 months after the 
        date of enactment of this paragraph, the President, acting 
        through the Director of the Federal Emergency Management 
        Agency, shall establish an expert panel, which shall include 
        representatives from the construction industry, to develop 
        procedures for estimating the cost of repairing, restoring, 
        reconstructing, or replacing a facility consistent with 
        industry practices.
            ``(4) Special rule.--In any case in which the facility 
        being repaired, restored, reconstructed, or replaced under this 
        section was under construction on the date of the major 
        disaster, the cost of repairing, restoring, reconstructing, or 
        replacing the facility shall include, for the purposes of this 
        section, only those costs that, under the contract for the 
        construction, are the owner's responsibility and not the 
        contractor's responsibility.''.
    (c) 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.

SEC. 204. FEDERAL ASSISTANCE TO HOUSEHOLDS.

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

``SEC. 408. FEDERAL ASSISTANCE TO HOUSEHOLDS.

    ``(a) General Authority.--In accordance with this section, the 
President, in consultation and coordination with the Governor of an 
affected State, may provide financial assistance, and, if necessary, 
direct services, to disaster victims who--
            ``(1) as a direct result of a major disaster have necessary 
        expenses and serious needs; and
            ``(2) are unable to meet the necessary expenses and serious 
        needs through other means, including insurance proceeds or loan 
        or other financial assistance from the Small Business 
        Administration or another Federal agency. Inability to meet 
        necessary expenses and serious needs through loan or other 
        financial assistance from the Small Business Administration or 
        another Federal agency shall not apply to temporary housing or 
        rental assistance under subsection (c)(2) or to permanent 
        housing construction under subsection (c)(4) of this section.
    ``(b) Housing Assistance.--
            ``(1) Eligibility.--The President may provide financial or 
        other assistance under this section to households to respond to 
        the disaster-related housing needs of households that are 
        displaced from their predisaster primary residences or whose 
        predisaster primary residences are rendered uninhabitable as a 
        result of damage caused by a major disaster.
            ``(2) Determination of appropriate types of assistance.--
        The President shall determine appropriate types of housing 
        assistance to be provided to disaster victims under this 
        section based on considerations of cost effectiveness, 
        convenience to disaster victims, and such other factors as the 
        President considers to be appropriate. One or more types of 
        housing assistance may be made available, based on the 
        suitability and availability of the types of assistance, to 
        meet the needs of disaster victims in a particular disaster 
        situation.
    ``(c) Types of Housing Assistance.--
            ``(1) Federal assistance under this subsection shall 
        continue no longer than 18 months after the date of the major 
        disaster declaration by the President, unless the President 
        determines that it is in the public interest to extend such 18-
        month period.
            ``(2) Temporary housing.--
                    ``(A) Financial assistance.--
                            ``(i) In general.--The President may 
                        provide financial assistance under this section 
                        to households to rent alternate housing 
                        accommodations, existing rental units, 
                        manufactured housing, recreational vehicles, or 
                        other readily fabricated dwellings.
                            ``(ii) Amount.--The amount of assistance 
                        under clause (i) shall be based on the sum of--
                                    ``(I) the fair market rent for the 
                                accommodation being provided; and
                                    ``(II) the cost of any 
                                transportation, utility hookups, or 
                                unit installation not being directly 
                                provided by the President.
                    ``(B) Direct assistance.--
                            ``(i) In general.--The President may 
                        directly provide under this section housing 
                        units, acquired by purchase or lease, to 
                        households who, because of a lack of available 
                        housing resources, would be unable to make use 
                        of the assistance provided under subparagraph 
                        (A).
                            ``(ii) Collection of rental charges.--After 
                        the expiration of the 18-month period referred 
                        to in paragraph (c)(1), the President may 
                        charge fair market rent for the accommodation 
                        being furnished.
            ``(3) Repairs.--
                    ``(A) In general.--The President may provide 
                financial assistance for the repair of owner-occupied 
                primary residences, utilities, and residential 
                infrastructure (such as private access routes) damaged 
                by a major disaster to a habitable or functioning 
                condition.
                    ``(B) Emergency repairs.--To be eligible to receive 
                assistance under subparagraph (A), a recipient shall 
                not be required to demonstrate that the recipient is 
                unable to meet the need for the assistance through 
                other means, except insurance proceeds, if the 
                assistance--
                            ``(i) is used for emergency repairs to make 
                        a private primary residence habitable; and
                            ``(ii) does not exceed $5,000, as adjusted 
                        annually to reflect changes in the Consumer 
                        Price Index for Urban Consumers as reported by 
                        the Bureau of Labor Statistics of the 
                        Department of Labor.
            ``(4) Permanent housing construction.--The President may 
        provide financial assistance or direct assistance under this 
        section to households to construct permanent housing in insular 
        areas outside the continental United States and in other remote 
        locations in cases in which--
                    ``(A) no alternative housing resources are 
                available; and
                    ``(B) the types of temporary housing assistance 
                described in paragraph (c)(1) are unavailable, 
                infeasible, or not cost effective.
    ``(d) Terms and Conditions Relating to Housing Assistance.--
            ``(1) Sites.--
                    ``(A) In general.--Any readily fabricated dwelling 
                provided under this section shall, whenever 
                practicable, be located on a site that--
                            ``(i) is provided by the State or local 
                        government; and
                            ``(ii) is complete with utilities provided 
                        by the State or local government, by the owner 
                        of the site, or by the occupant who was 
                        displaced by the major disaster.
                    ``(B) Sites provided by the president.--Readily 
                fabricated dwellings may be located on sites provided 
                by the President if the President determines that the 
                sites would be more economical or accessible.
            ``(2) Disposal of units.--
                    ``(A) Sale to occupants.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, a temporary housing 
                        unit purchased under this section by the 
                        President for the purpose of housing disaster 
                        victims may be sold directly to the household 
                        who is occupying the unit if the household 
                        needs permanent housing.
                            ``(ii) Sales price.--Sales of temporary 
                        housing units under this clause shall be 
                        accomplished at prices that are fair and 
                        equitable.
                            ``(iii) Deposit of proceeds.--
                        Notwithstanding any other provision of law, the 
                        proceeds of a sale under clause (i) shall be 
                        deposited into the appropriate Disaster Relief 
                        Fund account.
                            ``(iv) Use of general services 
                        administration services.--The President may use 
                        the services of the General Services 
                        Administration to accomplish a sale under 
                        clause (i).
                    ``(B) Other methods of disposal.--
                            ``(i) Sale.--If not disposed of under 
                        subparagraph (A), a temporary housing unit 
                        purchased by the President for the purpose of 
                        housing disaster victims may be resold.
                            ``(ii) Disposal to governments and 
                        voluntary organizations.--A temporary housing 
                        unit described in clause (i) may be sold, 
                        transferred, donated, or otherwise made 
                        available directly to a State or other 
                        government entity or to a voluntary 
                        organization for the sole purpose of providing 
                        temporary housing to disaster victims in major 
                        disasters and emergencies if, as a condition of 
                        the sale, transfer, donation, or other making 
                        available, the State, other governmental 
                        agency, or voluntary organization agrees--
                                    ``(I) to comply with the 
                                nondiscrimination provisions of section 
                                308; and
                                    ``(II) to obtain and maintain 
                                hazard and flood insurance on the 
                                housing unit.
    ``(e) Financial Assistance To Address Other Needs.--
            ``(1) Medical, dental, and funeral expenses.--The 
        President, in consultation and coordination with the Governor 
        of the affected State, may provide financial assistance under 
        this section to a household adversely affected by a major 
        disaster to meet disaster-related medical, dental, and funeral 
        expenses.
            ``(2) Personal property, transportation, and other 
        expenses.--The President, in consultation and coordination with 
        the Governor of the affected State, may provide financial 
        assistance under this section to a household described in 
        paragraph (1) to address personal property, transportation, and 
        other necessary expenses or serious needs resulting from the 
        major disaster.
    ``(f) State Role.--The President shall provide for the substantial 
and ongoing involvement of the affected State in administering 
assistance under this section.
    ``(g) Maximum Amount of Assistance.--The maximum amount of 
financial assistance that 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.
    ``(h) Issuance of Regulations.--The President shall issue rules and 
regulations to carry out the program established by this section, 
including criteria, standards, and procedures for determining 
eligibility for assistance.''.
    (b) Conforming Amendment.--Section 502(a)(6) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5192(a)(6)) is amended by striking ``temporary housing''.
    (c) Repeal of Individual and Family Grant Programs.--Section 411 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5178) is repealed.
    (d) Effective Date.--The amendments made by this section take 
effect 18 months after the date of enactment of this Act.

SEC. 205. REPEALS.

    (a) Associated Expenses.--Subject to the provisions of section 
202(b)(2) of this Act, section 406(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f)) is 
repealed.
    (b) Community Disaster Loans.--Section 417 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) 
is repealed.
    (c) Simplified Procedure.--Section 422 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is 
repealed.
                                 <all>