[Senate Report 107-124]
[From the U.S. Government Publishing Office]
Calendar No. 284
107th Congress Report
SENATE
1st Session 107-124
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DISASTER MITIGATION ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS
_______
December 13, 2001.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1632]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1632), to amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to extend the
deadline for submission of State recommendations of local
governments to receive assistance for pre-disaster hazard
mitigation and to authorize the President to provide additional
repair assistance to individuals and households, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
Background
Section 203 of the Stafford Act establishes a pre-disaster
mitigation grant program. The program provides technical and
financial assistance to State and local governments to assist
in the implementation of pre-disaster hazard mitigation
measures. The section allows State governors to submit
recommendations for eligible communities. The deadline for
these recommendations was October 1, 2001, and every October 1
thereafter. Prior to the deadline, the Federal Emergency
Management Agency (FEMA) requested an extension of the
deadline. The agency requested an amendment to the Stafford Act
extending the recommendation deadline until 60 days after the
enactment of the appropriation to implement this program.
S.1632 incorporates this request.
Section 408 of the Stafford Act establishes a program for
federal assistance to individuals and households affected by a
disaster. Specifically, section 408(c)(2) authorizes the
President to provide financial assistance for the repair of
owner-occupied private residences, utilities, and residential
infrastructure damaged by a major disaster, and to make hazard
mitigation grants. Repair assistance may not exceed $5,000. The
Stafford Act limits the total federal assistance to individuals
and households available under section 408 to $25,000.
FEMA has requested an amendment to the Stafford Act
eliminating the $5,000 cap on repair assistance imposed by
section 408(c)(2)(C). S.1632 incorporates this request.
Section-by-Section Analysis
Section 1. Deadline for Submission of State Recommendations for Pre-
disaster Hazard Mitigation
Summary
Section 1 amends the Stafford Act and extends the deadline
for State recommendation of certain local governments for pre-
disaster mitigation funding.
Discussion
This section extends the State recommendation deadline for
pre-disaster mitigation funding until 60 days after the
appropriation of funds for the pre-disaster mitigation grant
program. In subsequent fiscal years, States must make
recommendations by October 1, or at such later date as the
President may determine.
Section 2. Additional Repair Assistance for Individuals and Households
Summary
Section 2 amends the Stafford Act and eliminates the $5,000
cap on household repair assistance imposed by section
408(c)(2)(C).
Discussion
This waiver would only apply to homeowners who do not meet
Small Business Administration requirements for low interest
loans and other assistance. Recipients of repair grants under
section 408(c)(2) must still show that insurance proceeds
cannot meet their needs. Recipients are still subject to the
$25,000 cap for total assistance available under section 408.
Eliminating the assistance limits gives FEMA the flexibility to
keep qualifying repair recipients in their own homes rather
other temporary housing alternatives.
Legislative History
Senator James M. Jeffords introduced S. 1632 on November 5,
2001. The Senate Committee on Environment and Public Works
reported the bill by voice vote on November 8, 2001.
Hearings
On November 1, 2001, the committee held a hearing to
consider several legislative proposals including a proposal to
extend the deadline for submission of State recommendations of
local governments to receive assistance for predisaster
mitigation and to authorize the President to provide additional
repair assistance to individuals and households. Testifying at
the hearing were the following individuals: Michael Brown,
Deputy Director, Federal Emergency Management Agency,
Washington, DC; Joe Moravec, Commissioner, Public Building
Service, General Services Administration, Washington, DC; Dr.
David Sampson, Assistant Secretary for Economic Development,
Economic Development Administration, U.S. Department of
Commerce, Washington, DC; Richard Meserve, Chairman, Nuclear
Regulatory Commission, Rockville, MD; Herbert Mitchell,
Associate Administrator for Disaster Assistance, Small Business
Administration, Washington, DC; and Marianne L. Horinko,
Assistant Administrator Office of Solid Waste and Emergency
Response, Environmental Protection Agency, Washington, DC.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S.1632 on November 8, 2001, and reported S. 1632 by
voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that S.1632 would
impose no unfunded mandates on local, State, or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 11, 2001.
Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 1632, a bill to amend the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
to extend the deadline for submission of state recommendations
of local governments to receive assistance for predisaster
hazard mitigation and to authorize the President to provide
additional repair assistance to individuals and households.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen
----------
S. 1632, A bill to amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to extend the deadline for submission
of state recommendations of local governments to receive
assistance for predisaster hazard mitigation and to authorize
the President to provide additional repair assistance to
individuals and households, as ordered reported by the Senate
Committee on Environment and Public Works on November 8, 2001
S. 1632 would authorize the Federal Emergency Management
Agency (FEMA) to extend a reporting deadline for certain state
funding recommendations. In addition, the bill would authorize
FEMA to increase the type of assistance provided to homeowners
who have received disaster assistance funds to repair their
homes, but who are in need of additional money and cannot get
that additional money through insurance proceeds or loans.
Based on information from FEMA, CBO estimates that implementing
S. 1632 would cost about $7 million a year, assuming
appropriation of the necessary funds. Under current
law,disaster victims (including households or individuals) are
eligible to receive housing assistance up to $5,000. Disaster
victims can seek additional assistance for housing repairs by
applying for a disaster loan from the Small Business
Administration. If a household does not qualify for a loan, no
other housing repair assistance is available from the federal
government. Under S. 1632, the cap of $5,000 for housing
repairs would be removed. Based on information from FEMA, an
average of 4,000 disaster victims can be expected to have
housing repairs in excess of $5,000 who would not qualify for
disaster loans. Information from FEMA indicates that disaster
victims would seek an average of $1,800 in additional housing
repair assistance.
S. 1632 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 1632
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on the budgets of state, local, or tribal governments.
The CEO staff contact for this estimate is Julie Middleton,
who can be reached at 226-2860. The estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
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THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
[As Amended Through P.L. 106-580, Dec. 29, 2000]
AN ACT Entitled the ``Disaster Relief Act Amendments of 1974''.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert T. Stafford Disaster
Relief and Emergency Assistance Act''.
* * * * * * *
SEC. 203. PREDISASTER HAZARD MITIGATION.
(a) Definition of Small Impoverished Community.--In this
section, the term ``small impoverished community'' means a
community of 3,000 or fewer individuals that is economically
disadvantaged, as determined by the State in which the
community is located and based on criteria established by the
President.
(b) Establishment of Program.--The President 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 that are cost-effective
and are designed to reduce injuries, loss of life, and damage
and destruction of property, including damage to critical
services and facilities under the jurisdiction of the States or
local governments.
(c) Approval by President.--If the President determines
that a State or local government has identified natural
disaster hazards in areas under its jurisdiction and has
demonstrated the ability to form effective public-private
natural disaster hazard mitigation partnerships, the President,
using amounts in the National Predisaster Mitigation Fund
established under subsection (i) (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 (e).
(d) State Recommendations.--
(1) In general.--
(A) Recommendations.--The Governor of each
State may recommend to the President not fewer
than five local governments to receive
assistance under this section.
(B) Deadline for submission.--The
recommendations under subparagraph (A) shall be
submitted to the President [not later than
October 1, 2001, and each October 1st
thereafter or such later date in the year as
the President may establish.] not later than--
(i) in the case of fiscal year
2002, 60 days after the date on which
funds are made available to carry out
the program established under this
section; and
(ii) in the case of each fiscal
year thereafter, October 1 or such
later date as the President may
determine.
* * * * * * *
SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) In General.--
(1) Provision of assistance.--In accordance with
this section, the President, in consultation with the
Governor of a State, may provide financial assistance,
and, if necessary, direct services, to individuals and
households in the State who, as a direct result of a
major disaster, have necessary expenses and serious
needs in cases in which the individuals and households
are unable to meet such expenses or needs through other
means.
(2) Relationship to other assistance.--Under
paragraph (1), an individual or household shall not be
denied assistance under paragraph (1), (3), or (4) of
subsection (c) solely on the basis that the individual
or household has not applied for or received any loan
or other financial assistance from the Small Business
Administration or any other Federal agency.
(b) Housing Assistance.--
(1) Eligibility.--The President may provide
financial or other assistance under this section to
individuals and households to respond to the disaster-
related housing needs of individuals and households who
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.--
(A) In general.--The President shall
determine appropriate types of housing
assistance to be provided under this section to
individuals and households described in
subsection (a)(1) based on considerations of
cost effectiveness, convenience to the
individuals and households, and such other
factors as the President may consider
appropriate.
(B) Multiple types of assistance.--One or
more types of housing assistance may be made
available under this section, based on the
suitability and availability of the types of
assistance, to meet the needs of individuals
and households in the particular disaster
situation.
(c) Types of Housing Assistance.--
(1) Temporary housing.--
(A) Financial assistance.--
(i) In general.--The President may
provide financial assistance to
individuals or 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 fair market rent for the
accommodation provided plus the cost of
any transportation, utility hookups, or
unit installation not provided directly
by the President.
(B) Direct assistance.--
(i) In general.--The President may
provide temporary housing units,
acquired by purchase or lease, directly
to individuals or households who,
because of a lack of available housing
resources, would be unable to make use
of the assistance provided under
subparagraph (A).
(ii) Period of assistance.--The
President may not provide direct
assistance under clause (i) with
respect to a major disaster after the
end of the 18-month period beginning on
the date of the declaration of the
major disaster by the President, except
that the President may extend that
period if the President determines that
due to extraordinary circumstances an
extension would be in the public
interest.
(iii) Collection of rental
charges.--After the end of the 18-month
period referred to in clause (ii), the
President may charge fair market rent
for each temporary housing unit
provided.
(2) Repairs.--
(A) In general.--The President may provide
financial assistance for--
(i) the repair of owner-occupied
private residences, utilities, and
residential infrastructure (such as a
private access route) damaged by a
major disaster to a safe and sanitary
living or functioning condition; and
(ii) eligible hazard mitigation
measures that reduce the likelihood of
future damage to such residences,
utilities, or infrastructure.
[(B) Relationship to other assistance.--A
recipient of assistance provided under this
paragraph shall not be required to show that
the assistance can be met through other means,
except insurance proceeds.
[(C) Maximum amount of assistance.--The
amount of assistance provided to a household
under this paragraph shall 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.]
(B) Initial assistance.--
(i) Relationship to other
assistance.--A recipient of initial
assistance described in subparagraph
(A) shall not be required to show that
the need for the initial assistance
cannot be met through other means,
except that a recipient shall be
required to show that the need cannot
be met through insurance proceeds.
(ii) Maximum amount of initial
assistance.--The amount of initial
assistance provided to a household
under this subparagraph shall 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.
(C) Additional assistance.--Subject to
subsection (h), the President may provide
additional repair assistance to an individual
or household that is unable to complete the
repairs described in subparagraph (A)(i)
through use of insurance proceeds, loans, or
other means, including assistance from the
Small Business Administration.
* * * * * * *