Ammendment to the Disaster Relief and Emergency Assistance Act
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.
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.
March 10, 1999
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S 583 IS
106th CONGRESS
1st Session
S. 583
IN THE SENATE OF THE UNITED STATES
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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
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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,
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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.
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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.
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TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
Sec. 202. Management costs.
Sec. 203. Assistance to repair, restore, reconstruct, or replace damaged facilities.
Sec. 204. Federal assistance to households.
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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.).
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TITLE I--PREDISASTER HAZARDS MITIGATION
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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.
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SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) Title II of the Act is amended by adding new section 203 as follows:
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`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.
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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.
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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:
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`TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE'.
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TITLE II--DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE
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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.'
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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:
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`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.
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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:
`(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.
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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.
`(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.
`(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.
`(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.
`(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-
`(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.
`(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.
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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.
END
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