Disaster Mitigation Act of 1998

TABLE OF CONTENTS:

Title I: Predisaster Hazard Mitigation

Title II: Streamlining and Cost Reduction

Title III: Miscellaneous

Disaster Mitigation Act of 1998 - Title I: Predisaster Hazard Mitigation - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require a State, in submitting a disaster preparedness and prevention program plan prior to receiving assistance under such Act, to set forth a comprehensive and detailed State program for mitigating emergencies and major disasters, including provisions for prioritizing mitigation measures.

(Sec. 103) Authorizes the President to make grants for up to 50 percent of the cost of testing and application of hazard identification technologies that can be used by State and local governments and that will likely result in substantial savings as compared to current hazard identification methods.

(Sec. 104) Authorizes the President to establish a program to provide financial assistance to States, local governments, and other entities for carrying out predisaster hazard mitigation activities that exhibit long-term, cost-effective benefits and substantially reduce the risk of future damage, hardship, or suffering from a major disaster. Provides, with respect to such assistance program, for: (1) minimum and maximum per-State allocation of funds; (2) criteria for granting such assistance and determining amounts; (3) State Governor recommendations of no fewer than five local governments or other entities to receive such assistance; (4) a Federal cost-share limit; (5) an authorization of appropriations for FY 1998 through 2002; and (6) a report from the President to the Congress on a process for future program administration, including transferring to State and local governments greater responsibility for administering the program and consideration of private sector initiatives for predisaster mitigation to supplement activities of the President and the Federal Emergency Management Agency (FEMA).

(Sec. 105) Directs the Comptroller General to study and report to the Congress on: (1) the effectiveness of the predisaster hazard mitigation program and whether expenditures under the program are warranted in terms of mitigation, disaster avoidance, and dollars saved; and (2) recommendations concerning the appropriate selection of sites and activities conducted with respect to predisaster mitigation.

(Sec. 106) Requires the President to establish an interagency task force for purposes of coordinating the implementation of Federal predisaster hazard mitigation programs.

(Sec. 107) Increases the maximum contribution authorized to be made by the President for costs of hazard mitigation measures to 20 (currently, 15) percent of the estimated aggregate amount of grants to be made under the Act with respect to a major disaster. Applies such amendment to major disasters declared after March 1, 1997.

Title II: Streamlining and Cost Reduction - Directs the President to: (1) establish management cost rates for disaster preparedness and mitigation assistance grantees and subgrantees; and (2) review such rates three years after establishment and periodically thereafter.

(Sec. 202) Limits the Federal share of assistance for repair, restoration, or replacement of facilities damaged by a major disaster to 75 percent of the eligible costs of the repair, restoration, or replacement of damaged public and private facilities. Authorizes the President to reduce that Federal share to between 50 and 75 percent of such costs beginning three years after the declaration of a major disaster for States or local governments unable or unwilling to take steps promptly and efficiently to complete the processing of claims for assistance under this section. Allows a State, local government, or private nonprofit facility, in lieu of repairing, restoring, or replacing such damaged facilities, to receive the Federal cost share limit and repair other facilities or construct new facilities. Authorizes the President to modify the Federal cost share with respect to a large in-lieu contribution if the contribution will be used for mitigation activities consistent with a State plan. Provides for the determination of eligible costs and the modification of such costs. Requires the President, acting through the FEMA Director, to establish an expert panel for the determination of such costs.

(Sec. 203) Authorizes the President to provide financial assistance, and, if necessary, direct services to disaster victims who as a direct result of a major disaster have necessary expenses and serious needs and are unable to meet such expenses and needs through other means. Authorizes the President to provide housing assistance to those who are displaced from their pre-disaster residence or whose residence is rendered uninhabitable as a result of such disaster. Includes as appropriate direct assistance the provision of other housing units. Limits the use of such units to 18 months, but allows the President to extend such period under extraordinary circumstances. Allows such assistance to include the repair of the original residence or permanent new housing construction in limited circumstances. Limits to $25,000 the individual or household assistance amount.

(Sec. 204) Repeals a provision of the Act authorizing the President to make community disaster loans following major disasters.

(Sec. 205) Authorizes a State desiring to administer its own hazard mitigation grant program to submit for the President's approval an application for the delegation of such authority, under specified criteria.

(Sec. 206) Directs the President to conduct and report to the Congress on a pilot program to streamline the damaged facilities program established under the Act.

(Sec. 207) Directs the Comptroller General to conduct studies to: (1) estimate the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act; (2) determine the current and future expected availability of insurance for public infrastructure eligible for assistance under the Act; and (3) examine major disasters and emergencies declared since January 1, 1974, and describe criteria for making declarations and how such criteria have changed over time. Requires reports to the Congress on the results of such studies.

(Sec. 210) Authorizes the President to provide assistance to local governments (currently, only to States) for the suppression of forest or grassland fires that threaten such destruction as would constitute a major disaster. Authorizes the President to use essential major disaster assistance under the Act for such purpose.

Title III: Miscellaneous - Makes a technical correction to the short title of the Act.

(Sec. 302) Removes the Trust Territory of the Pacific Islands from the definition of "State" under the Act. Excludes golf courses from the definition of "public facility" under the Act.

(Sec. 303) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include within the definition of "public safety officer" for purposes of entitlement to certain benefits: (1) permanent FEMA employees performing official disaster or hazardous duties; and (2) employees of a State or local emergency management or civil defense agency performing official disaster or hazardous duties.