Home > 106th Congressional Bills > H.R. 707 (eh) To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize a program for predisaster mitigation, to streamline the administration of disaster relief, to control the Federal costs of disaster assistance, and for...H.R. 707 (eh) To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize a program for predisaster mitigation, to streamline the administration of disaster relief, to control the Federal costs of disaster assistance, and for...
In the Senate of the United States,
July 19, 2000.
Resolved, That the bill from the House of Representatives (H.R.
707) entitled ``An Act to amend the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to authorize a program for predisaster
mitigation, to streamline the administration of disaster relief, to
control the Federal costs of disaster assistance, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Disaster
Mitigation Act of 2000''.
(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. 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.
Sec. 210. Temporary housing assistance.
Sec. 211. Individual and family grant program.
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;
``(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; and
``(4) the extent to which the hazard mitigation measures to
be carried out using the technical and financial assistance
contribute to the mitigation goals and priorities established
by the State as a condition of receipt of the annual emergency
management performance grant awarded to the State by the
Federal Emergency Management Agency.
``(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. 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 102) is
amended by adding at the end the following:
``SEC. 204. 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.
(a) In General.--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
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