,i #aaeth ,,congress #ast ,session ,h4 ,r4 #djef ,,in ,,the ,,house ,,of ,,representatives ,october #ab1 #bjag,mr4 ,kind introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,financial ,services1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act and other laws to return primary responsibility for disaster relief to the ,states1 to establish a private corporation to insure ,states against risks and costs of disasters otherwise borne by the ,states1 and to provide for reimbursable ,federal assistance to ,states for activities in response to disasters1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,disaster ,insurance ,risk ,equality ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,findings and purposes4 ,title ,i--,,national ,,disaster ,,insurance ,,program ,sec4 #aja4 ,disaster insurance program4 ,title ,,ii--,,federal ,,program ,,for ,,reimbursable ,,disaster ,,relief ,,and ,,emergency ,,assistance ,sec4 #bja4 ,findings and declarations4 ,sec4 #bjb4 ,waiver of administrative conditions4 ,sec4 #bjc4 ,emergency support teams4 ,sec4 #bjd4 ,reimbursement4 ,sec4 #bje4 ,performance of services4 ,sec4 #bjf4 ,reimbursement agreements and conditions4 ,sec4 #bjg4 ,treatment of assistance4 ,sec4 #bjh4 ,liability4 ,sec4 #bji4 ,advance of ,state expenditures4 ,sec4 #baj4 ,procedure for declaration of major disaster4 ,sec4 #baa4 ,general ,federal disaster assistance4 ,sec4 #bab4 ,essential disaster assistance4 ,sec4 #bac4 ,hazard mitigation4 ,sec4 #bad4 ,repair1 restoration1 and replacement of damaged facilities4 ,sec4 #bae4 ,debris removal4 ,sec4 #baf4 ,temporary housing assistance4 ,sec4 #bag4 ,unemployment assistance4 ,sec4 #bah4 ,crisis counseling assistance and training4 ,sec4 #bai4 ,community disaster loans4 ,sec4 #bbj4 ,emergency communications4 ,sec4 #bba4 ,emergency public transportation4 ,sec4 #bbb4 ,fire suppression4 ,sec4 #bbc4 ,timber sale contracts4 ,sec4 #bbd4 ,simplified procedure4 ,sec4 #bbe4 ,appeals of assistance decisions4 ,sec4 #bbf4 ,procedure for declaration4 ,sec4 #bbg4 ,federal emergency assistance4 ,sec4 #bbh4 ,amount of assistance4 ,sec4 #bbi4 ,applicability4 ,title ,,iii--,,federal-,,aid ,,highways ,sec4 #cja4 ,national standard for ,state participation in disaster insurance program4 ,sec4 #cjb4 ,emergency relief program for repair of highways4 #b4 ,findings and purposes 7a7 ,findings ,the ,congress finds that-- 7#a7 while disasters can strike anywhere within the ,united ,states1 certain areas historically have been more susceptible or vulnerable to disasters2 7#b7 the ,federal ,government has assumed the financial responsibility for much of the emergency relief and reconstruction provided after disasters2 7#c7 the amount of ,federal financial assistance provided for disaster relief and the annual disaster relief obligations of the ,federal ,emergency ,management ,agency have both been steadily increasing over time2 7#d7 the costs of disaster assistance have been spread disproportionately to all ,united ,states citizens rather than to citizens of the areas that are most directly affected2 and 7#e7 an amendment to the ,constitution of the ,united ,states requiring a balanced ,federal budget would require major retrenchments in activities that assist citizens of the ,united ,states in times of crises and distress4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to reaffirm the individual ,states' primary responsibility for disaster relief2 7#b7 to restore the ,federal ,government's role for disaster relief to one of secondary support1 provided on a reimbursable basis1 in unusual or special emergency situations that require services best provided by ,federal agencies2 and 7#c7 to establish a private corporation to provide risk-based insurance to the individual ,states to assist the ,states in meeting their obligations in disaster relief4 ,i ,,national ,,disaster ,,insurance ,,program #aja4 ,disaster insurance program ,the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 is amended by adding at the end the following new title3 ,,viii ,,disaster ,,insurance ,,program ,a ,insurance ,program #hja4 ,establishment of insurance program ,the ,national ,disaster ,insurance ,corporation established under subtitle ,b shall establish and carry out an insurance program under this subtitle to provide coverage to ,states against certain losses and costs arising from disasters1 which shall be funded solely by ,state premiums and payments and shall operate on an actuarially sound basis4 #hjb4 ,terms and conditions of insurance program 7a7 ,in general ,the ,corporation shall establish the terms and conditions for the provision of disaster insurance under the disaster insurance program of the ,corporation1 which shall include-- 7#a7 the general terms and conditions of insurance coverage2 7#b7 limitations on the scope and amounts of coverage provided2 7#c7 the establishment1 under section #hjd1 of appropriate annual premium charges2 7#d7 appropriate loss deductibles2 and 7#e7 the methods by which proved and approved claims for losses shall be adjusted and paid4 7b7 ,objectives ,in establishing the terms and conditions under this section1 the ,corporation shall ensure that the insurance program accomplishes the following objectives3 7#a7 ,recovery from disasters ,the amount of coverage provided under the program shall be sufficient to provide ,state participants with amounts adequate for recovery from disasters4 7#b7 ,equitable distribution of risks and costs ,the risks and costs of disasters shall be equitably distributed among the ,state participants4 7#c7 ,participation ,participation in the program by all ,states shall be encouraged4 7c7 ,assistance ,the terms and conditions of the insurance program shall be established in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 the ,disaster ,insurance ,advisory ,committee under section #hbf1 and other relevant ,federal agencies and shall be effective only if approved by the ,administrator and the ,advisory ,committee4 #hjc4 ,coverage 7a7 ,in general ,the insurance program shall provide insurance coverage under this subtitle for each participant in the ,corporation4 ,the initial coverage available under the program shall take effect on ,october #a1 #bjai4 7b7 ,eligible insureds ,the insurance program may provide insurance coverage only to participants and each ,state shall be eligible to become a participant pursuant to the requirements of section #hba7;d74 7c7 ,scope of coverage ,the insurance program may provide coverage only for the following losses and costs to a participant that arise from a disaster3 7#a7 ,lifesaving measures ,costs of performing any work or services essential to saving lives and protecting and preserving property or public health and safety1 including-- 7,a7 removing debris and wreckage2 7,b7 conducting search and rescue1 and providing emergency medical care1 emergency mass care1 emergency shelter1 food1 water1 medicine1 and other essential needs1 including movement of supplies or persons2 7,c7 clearing roads and constructing temporary bridges necessary to the performance of emergency tasks and essential community services2 7,d7 providing temporary facilities for schools and other essential community services2 7,e7 demolishing unsafe structures that endanger the public2 7,f7 warning of further risks and hazards2 7,g7 disseminating of public information and assistance regarding health and safety measures2 and 7,h7 reducing immediate threats to life1 property1 and public health and safety4 7#b7 ,distribution of food and medical assistance ,costs of distributing or rendering food1 medicine1 and other consumable supplies1 and other services and assistance to victims of the disaster4 7#c7 ,coordination ,costs of coordinating relief efforts4 7#d7 ,technical advice ,costs of obtaining technical advice regarding-- 7,a7 disaster management and control2 7,b7 performing essential community services2 and 7,c7 disseminating information regarding public health and safety1 issuing warnings of risks and hazards4 7#e7 ,hazard mitigation ,costs of conducting hazard mitigation measures that the ,corporation determines to be cost-effective and that will substantially reduce the risk of future damage1 hardship1 loss1 or suffering in any area affected by the disaster4 7#f7 ,repair and replacement of damaged facilities and residences ,costs for the repair1 restoration1 reconstruction1 or replacement of facilities 7including public1 private1 and private nonprofit facilities1 and commercial and agricultural facilities7 and residences that are damaged or destroyed by the disaster and for associated expenses incurred by the owners of the facilities and residences1 and losses from damage or destruction to such facilities and residences4 7#g7 ,temporary housing ,costs of providing1 by purchase or lease1 temporary housing 7including unoccupied habitable dwellings71 suitable rental housing1 mobile homes1 or other readily fabricated dwellings to persons who1 as a result of the disaster1 require temporary housing4 7#h7 ,temporary mortgage and rental payments ,costs of providing assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and families who1 as a result of financial hardship caused by the disaster1 have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien1 cancellation of any contract of sale1 or termination of any lease1 entered into prior to such disaster1 except that such costs may not cover assistance provided for a duration exceeding the period of financial hardship or #ah months1 whichever is less4 7#i7 ,counseling ,costs of professional counseling services to victims of the disaster to relieve mental health problems caused or aggravated by the disaster or its aftermath4 7#aj7 ,lost revenue ,loss to a participant of a substantial portion of tax and other revenues1 but only if the participant demonstrates a need for reimbursement of such losses to perform its governmental functions4 7#aa7 ,temporary communications ,costs of establishing temporary communications systems in the area affected by the disaster4 7#ab7 ,temporary public transportation ,costs of providing temporary public transportation service in the area affected by the disaster to meet emergency needs and to provide transportation to governmental offices1 supply centers1 stores1 post offices1 schools1 major employment centers1 and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible4 7#ac7 ,fire suppression ,costs of equipment1 supplies1 and personnel for the suppression of any fire on publicly or privately owned forest or grassland4 7#ad7 ,loan and assistance programs ,losses and costs associated with providing the following assistance3 7,a7 ,small business loans ,loans for-- 7i7 the repair1 rehabilitation1 or replacement of properties of small business concerns that are damaged or destroyed as a result of the disaster2 7ii7 refinancing mortgages or other liens against residences and properties of small business concerns that are destroyed or substantially damaged as a result of the disaster2 and 7iii7 assisting small business concerns that suffer substantial economic injury as a result of the disaster4 7,b7 ,farm loans ,emergency loans to persons whose farming1 ranching1 or aquaculture operations have been substantially affected by a disaster4 7,c7 ,highway repair ,assistance for the repair or reconstruction of highways1 roads1 and trails that suffer serious damage as the result of the disaster4 7,d7 ,insurance of loans for single family homes ,insurance for mortgages and rehabilitation loans for #a- to #d-;family residences of mortgagors and borrowers whose residences are destroyed or damaged as a result of the disaster4 7#ae7 ,other ,any other costs or losses sustained in providing disaster relief in the ,state1 that are determined by the ,corporation to be appropriate and which are not inconsistent with the provisions of this subtitle4 7d7 ,prohibited coverage ,the insurance program may not provide coverage for the following losses and costs3 7#a7 ,nondisaster losses ,any losses or costs not arising from a disaster4 7#b7 ,federal facilities ,any losses or costs sustained by or relating to ,federal facilities4 #hjd4 ,annual premium charges 7a7 ,general authority ,the ,corporation shall require each ,state1 as a condition of participation in the ,corporation and coverage under the insurance program during any fiscal year1 to make a premium payment to the ,corporation for such fiscal year in an amount determined in accordance with this section4 ,the ,corporation shall annually review the premium payments charged to each participant and1 if appropriate1 adjust such payment amounts4 7b7 ,establishment of charges ,the premium payments established under this section shall be-- 7#a7 established using generally accepted actuarial principles2 7#b7 to the maximum extent practicable1 based on a consideration of the respective risks involved1 including differences in-- 7,a7 the risk of occurrence of disasters2 7,b7 hazard mitigation measures in place1 including any disaster preparedness plan of the participant for mitigation1 warning1 emergency operations1 rehabilitation1 and recovery2 7,c7 anticipated covered losses and costs in the event of a disaster2 and 7,d7 the extent to which other sources of insurance or assistance will cover costs and losses for types of property and activities covered in a ,state2 and 7#c7 adequate1 on the basis of generally accepted actuarial principles1 to provide-- 7,a7 amounts in the reserve account of the ,corporation under section #hbc for anticipated claims2 and 7,b7 for any administrative and operating expenses of the ,corporation in carrying out the insurance program4 7c7 ,certification of premium charges ,the ,corporation may not assess any premium charges established under this section before the charges have been certified as actuarially sound by the ,disaster ,insurance ,advisory ,commission established by section #hbf4 7d7 ,credit for initial contributions ,the ,corporation shall credit the amount of the payment made by a ,state pursuant to section #hba7;d77#a7 toward any premium charges under this section owed by the ,state4 7e7 ,federal contribution 7#a7 ,credit toward premiums ,for each fiscal year1 the amount of the premium charges owed for such fiscal year by each ,state that is participating in the ,corporation and the insurance program under this subtitle shall be reduced by the amount determined for such ,state under paragraph 7#b74 7#b7 ,amount ,for a fiscal year1 the amount determined under this paragraph for each ,state that is a participant shall be the amount that bears the same percentage to the full premium charges owed by such ,state for such fiscal year as the total amount appropriated pursuant to paragraph 7#c7 for such fiscal year bears to the sum of all premium charges owed by all participating ,states for such fiscal year4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,corporation for each fiscal year an amount equal to #aj percent of the sum of all premium charges owed by all ,states participating in the ,corporation and the insurance program under this subtitle for such fiscal year4 #hje4 ,claims 7a7 ,procedure ,the ,corporation shall adjust and pay all claims for proved and approved losses and costs covered by insurance provided under this subtitle4 7b7 ,effect of duplicative coverage ,the amount of any claim paid for losses or costs under the insurance program may not include any amount for any portion of such losses or costs covered by amounts provided under any other source of insurance or financial assistance4 7c7 ,effect of flood insurance coverage 7#a7 ,reduction of federal assistance ,if a facility or residence located in a special flood hazard area identified for more than #a year by the ,administrator pursuant to the ,national ,flood ,insurance ,act of #aifh is damaged or destroyed by flooding in a disaster and such facility or residence is not covered on the date of such flooding by flood insurance1 the amount of a claim for coverage under this subtitle which would otherwise be paid under the insurance program under this subtitle for costs of repair1 restoration1 reconstruction1 and replacement of such facility or residence and associated expenses shall be reduced in accordance with paragraph 7#b74 7#b7 ,amount of reduction ,the amount of the reduction in a claim for a facility or residence pursuant to paragraph 7#a7 shall be the lesser of-- 7,a7 the value of such facility or residence on the date of the flood damage or destruction2 or 7,b7 the maximum amount of insurance proceeds which would have been payable with respect to such facility or residence if such facility had been covered by flood insurance under the ,national ,flood ,insurance ,act of #aifh on such date4 7#c7 ,exception ,paragraphs 7#a7 and 7#b7 shall not apply to a private nonprofit facility or residence that is not covered by flood insurance solely because of the local government's failure to participate in the flood insurance program under the ,national ,flood ,insurance ,act of #aifh4 7d7 ,cause of action ,if the ,corporation disallows a claim or the claimant refuses to accept the amount allowed upon any claim1 the claimant may1 before the expiration of the #a-year period beginning upon the claimant's receipt of written notice of the disallowance or partial disallowance of the claim1 institute an action on such claim against the ,corporation in the ,united ,states ,district ,court for the ,district of ,columbia4 ,original exclusive jurisdiction is hereby conferred upon such ,court to hear and determine such action without regard to the amount in controversy4 ,b ,national ,disaster ,insurance ,corporation and ,disaster ,insurance ,advisory ,commission #hba4 ,national disaster insurance corporation 7a7 ,establishment ,there is authorized to be established a body corporate to be known as the ,national ,disaster ,insurance ,corporation1 which shall be subject to the provisions of this title4 ,the ,corporation shall not be an agency or establishment of the ,federal ,government4 ,the principal office of the ,corporation shall be located in the ,district of ,columbia or the metropolitan area thereof4 7b7 ,function ,the purpose of the ,corporation shall be to carry out the insurance program under subtitle ,a4 7c7 ,governance 7#a7 ,board of directors ,the ,corporation shall be under the direction of a board of directors who shall be elected by the participants in the ,corporation4 ,members of the board shall not be considered1 by reason of such membership1 to be employees of the ,federal ,government4 7#b7 ,initial board ,except as otherwise provided by the ,corporation pursuant to section #hbb7b7-- 7,a7 the board shall be composed of #g members1 selected by a majority of the participants in the ,corporation through an election 7i7 that shall take place at the initial organizational meeting of the ,corporation held pursuant to subsection 7e77#a71 and 7ii7 in which each of the participants shall have #a vote2 and 7,b7 the term of each member of the board shall be #e years4 7d7 ,participants ,a ,state shall be considered as a participant in the ,corporation for purposes of this title only if the ,state complies with the following requirements3 7#a7 ,initial contribution ,the ,state has made a payment to the ,corporation 7or to the ,administrator pursuant to subsection 7e77#b77 in an amount equal to #a percent of the aggregate amount of ,federal financial assistance provided1 during fiscal years #bjji through #bjah1 to the ,state 7or to or on behalf of persons or property located in the ,state7 for disaster relief relating to a major disaster or emergency declared under this ,act1 as determined by the ,administrator4 ,for purposes of this paragraph1 the term ,federal financial assistance shall include any grant1 payment1 subsidy1 or loan provided by any agency of the ,federal ,government1 and the amount of assistance provided under a loan shall be considered to be an amount equal to the principal obligation under the loan4 7#b7 ,payment of premium charges ,the ,state has paid any premium charges assessed for such ,state pursuant to section #hjd1 in accordance with the requirements established by the ,corporation for payment of such charges4 ,for purposes of the organizational meeting under subsection 7e77#a71 any ,state that complies with paragraph 7#a7 of this subsection shall be considered as a participant4 7e7 ,initial organization 7#a7 ,organizational meeting ,the ,administrator shall call an organizational meeting for the ,corporation to be held not later than ,august #ca1 #bjai1 at which the participants shall elect the initial members of the board of directors and shall take such other actions as may be necessary to establish the ,corporation in accordance with this title4 ,the ,administrator shall notify each ,state of the meeting and the purposes of the meeting and shall organize and chair the meeting4 7#b7 ,collection of initial contributions ,before the organization of the ,corporation pursuant to paragraph 7#a71 the ,administrator shall collect payments under subsection 7d77#a7 on behalf of the ,corporation4 7f7 ,ownership ,the ,corporation shall be privately owned by the participants in the insurance program4 ,obligations and indebtedness of the ,corporation shall not be considered obligations and indebtedness of the ,federal ,government or guaranteed by the ,federal ,government4 7g7 ,officers and employees ,the ,corporation may appoint and hire officers and employees at the discretion of the ,corporation1 but may not pay any officer or employee at a rate exceeding the rate of basic pay payable for level ,,iv of the ,executive ,schedule4 ,any such officers and employees shall not be considered officers or employees of the ,federal ,government and shall not be subject to the provisions of title #e1 ,united ,states ,code4 7h7 ,powers ,the ,corporation shall have the power-- 7#a7 to adopt1 alter1 and use a corporate seal2 7#b7 to make and enforce contracts and agreements appropriate to carry out this title2 7#c7 to settle1 adjust1 compromise1 and release claims against the corporation2 7#d7 to sue and be sued2 7#e7 to acquire1 hold1 and own1 and deal with and dispose of real and personal property to the extent appropriate to carry out this title2 7#f7 to have succession until dissolved by an ,act of ,congress2 and 7#g7 to exercise all other lawful powers necessary or appropriate to carry out this title4 #hbb4 ,structure and operations ,after consultation with the ,administrator and other appropriate ,federal agencies1 the ,corporation shall establish appropriate guidelines for the structure and operation of the ,corporation and the insurance program1 which-- 7#a7 shall include standards relating to the vacancies1 bylaws1 and powers of the board2 7#b7 may include provisions1 applicable only after ,october #a1 #bjai1 establishing the composition of the board and the terms of office of the members of the board other than as provided for in section #hba7;c77#b72 and 7#c7 shall include a minimum capital requirement pursuant to section #hbc7;d74 #hbc4 ,reserve account 7a7 ,establishment ,the ,corporation shall establish and manage a reserve account for the operation of the insurance program4 7b7 ,credits ,the reserve account of the ,corporation shall be credited with-- 7#a7 any premium charges under section #hjd collected by the ,corporation2 7#b7 any amounts appropriated for the ,corporation pursuant to sections #hjd7;e77#c7 and #hbe7;a72 and 7#c7 any interest earned on investments of the ,corporation pursuant to subsection 7c77#b74 7c7 ,use ,amounts in the reserve account of the ,corporation shall be available-- 7#a7 for payment of qualifying claims under the insurance program of participants1 consistent with the terms and conditions established under section #hjb7;a72 7#b7 to the extent that the ,corporation determines that such amounts are in excess of current needs and the amount required to be held in the reserve account pursuant to subsection 7d71 for investment as the ,corporation considers appropriate2 7#c7 for covering the costs of the ,corporation and administering and operating the insurance program2 and 7#d7 for covering travel expenses of members of the ,disaster ,insurance ,advisory ,commission established by section #hbf4 7d7 ,minimum capital requirement 7#a7 ,in general ,the ,corporation shall at all times maintain amounts in the reserve account equal to or in excess of the applicable minimum capital level determined under paragraph 7#b74 7#b7 ,establishment of capital levels ,the ,corporation shall establish a series of minimum capital levels appropriate to ensure sufficient capitalization of the ,corporation based on the nature and extent of the underwriting1 investment1 and other risks assumed by the ,corporation4 ,the capital levels shall not be effective unless approved by the ,administrator4 7e7 ,tax-,exempt status ,any amounts deposited in the reserve account1 including income derived from the investment of amounts under subsection 7c77#b71 shall be exempt from all taxation now or hereafter imposed by the ,united ,states1 or by any ,state1 county1 municipality1 or local taxing authority4 #hbd4 ,borrowing authority 7a7 ,in general ,to the extent that the amounts in the reserve fund are insufficient to pay claims and expenses of the ,corporation and maintain amounts in accordance with the requirements under section #hbc7;d71 the ,corporation may issue to the ,secretary of the ,treasury notes and other obligations to cover the insufficiency4 7b7 ,terms of borrowing ,the ,secretary may purchase obligations issued under subsection 7a7 only if the ,president determines that the financial condition of the ,corporation is adequate to ensure repayment of the obligations4 ,such obligations shall have terms and conditions as determined by the ,secretary of the ,treasury4 #hbe4 ,initial federal contribution and prohibition of additional federal assistance 7a7 ,authorization of appropriations ,for purposes of carrying out this title1 there is authorized to be appropriated to the ,corporation an amount equal to the difference between-- 7#a7 the sum of any balances remaining1 at the end of ,september #cj1 #bjai1 in the ,disaster ,relief appropriation and the ,disaster ,assistance ,direct ,loan ,program ,account of the ,federal ,emergency ,management ,agency2 and 7#b7 the amounts determined by the ,administrator to be necessary to reserve from such appropriation and in such ,account1 for purposes of providing assistance pursuant to any major disaster or emergency that commences or occurs 7or is declared or determined to have commenced or occurred7 on or before ,september #cj1 #bjai4 7b7 ,prohibition of federal assistance ,except as provided in subsection 7a71 section #hjd7;e71 and section #hbd1 no ,federal funds may be authorized1 appropriated1 or used to fund any activity of the ,corporation4 #hbf4 ,disaster insurance advisory commission 7a7 ,establishment ,there is hereby established a commission to be known as the ,disaster ,insurance ,advisory ,commission 7in this section referred to as the ,commission74 7b7 ,membership 7#a7 ,appointment ,the ,commission shall be composed of #aa members appointed by the ,president1 in consultation with the ,administrator4 ,of the members of the ,commission1 not less than #f shall be individuals who have been nominated for such appointment by ,states that are participants in the ,corporation1 except that 7to the extent possible7 not more than one such member may be appointed to the ,commission pursuant to the nomination of any single ,state4 ,each member of the ,commission shall have experience or expertise in at least one of the areas described in subparagraphs 7,a7 through 7,d7 of paragraph 7#b74 7#b7 ,expertise ,the membership of the ,commission shall1 at all times1 include-- 7,a7 not less than #a individual who has experience or expertise in actuarial issues relating to disaster insurance2 7,b7 not less than #a individual who has experience or expertise in the management of insurance companies2 7,c7 not less than #a individual who has experience or expertise in the regulation of insurance companies2 and 7,d7 not less than #a individual who has experience or expertise in disaster relief4 7#c7 ,terms 7,a7 ,in general ,each member of the ,commission shall be appointed for a term of #d years1 except as provided in subparagraph 7,b74 7,b7 ,initial appointees ,as designated by the ,president at the time of appointment1 of the members first appointed to the ,commission-- 7i7 #e shall be appointed for terms of #f years2 and 7ii7 #f shall be appointed for terms of #d years4 7#d7 ,chairperson ,the ,president shall designate a chairperson of the ,commission from among members appointed to the ,commission4 7c7 ,prohibition of pay ,members of the ,commission shall serve without pay4 7d7 ,travel expenses ,each member of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code1 except that such expenses shall be paid by the ,corporation4 7e7 ,duties ,the ,commission shall-- 7#a7 in coordination with the ,administrator1 assist the ,corporation in establishing the terms and conditions of the insurance program under subtitle ,a1 review such terms and conditions1 and approve or disapprove such terms and conditions as appropriate to carry out this title2 and 7#b7 review the annual premium charges established under section #hjd by the ,corporation to determine whether such charges are established in compliance with the requirements of such section1 and if so1 certify such compliance to the ,corporation4 7f7 ,continuation ,section #ad7;a77#b77;,b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app42 relating to the termination of advisory committees7 shall not apply to the ,commission4 #hbg4 ,,gao audit 7a7 ,initial audit ,as soon as practicable after ,october #a1 #bjai1 the ,comptroller ,general of the ,united ,states shall audit the activities of the ,corporation and the ,disaster ,insurance ,advisory ,commission established by section #hbf to ensure that such entities are complying with the provisions of this title4 7b7 ,successive audits ,after the completion of the audit described in subsection 7a71 the ,comptroller ,general shall conduct similar audits not less than once every #c years4 7c7 ,reports ,the ,comptroller ,general shall submit reports of the audits performed under this section to the ,congress4 ,c ,general ,provisions #hea4 ,definitions ,for purposes of this title3 7#a7 ,board ,the term board means the board of directors of the ,corporation4 7#b7 ,corporation ,the term ,corporation means the ,national ,disaster ,insurance ,corporation4 7#c7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#d7 ,disaster ,the term disaster means any natural catastrophe 7including any hurricane1 tornado1 storm1 high water1 winddriven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 snowstorm1 or drought71 or1 regardless of cause1 any fire1 flood1 serious accident1 or explosion1 in or affecting any ,state or part of a ,state4 7#e7 ,insurance program ,the term insurance program means the program established under this title by the ,corporation for disaster insurance coverage4 4 ,,ii ,,federal ,,program ,,for ,,reimbursable ,,disaster ,,relief ,,and ,,emergency ,,assistance #bja4 ,findings and declarations 7a7 ,findings ,section #aja7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba note7 is amended by striking ,the and inserting ,findings4--,recognizing the importance of reducing the ,federal deficit and allowing the individual ,states to regain responsibility for management of activities within their borders1 the4 7b7 ,declarations ,section #aja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba note7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking an orderly and all that follows through their and inserting a mechanism which will allow affected ,states to carry out their2 and 7,b7 by striking such2 7#b7 by redesignating paragraphs 7#a7 through 7#f7 as paragraphs 7#b7 through 7#g71 respectively2 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 establishing a private corporation which will make available insurance to assist the ,states in meeting their responsibilities for disaster relief2 2 7#d7 in paragraph 7#b7 7as so redesignated7 by striking and broadening2 7#e7 in paragraph 7#e7 7as so redesignated7 by striking supplement or2 and 7#f7 in paragraph 7#g7 7as so redesignated7 by inserting reimbursable before assistance4 #bjb4 ,waiver of administrative conditions ,section #cja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eada7 is amended by striking ,any and inserting ,except as otherwise provided in this title1 any4 #bjc4 ,emergency support teams ,section #cjc7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadd7;a77 is amended by striking on either and all that follows through ,president14 #bjd4 ,reimbursement ,section #cjd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadg7 is amended by striking the first sentence and inserting the following3 ,federal agencies shall be reimbursed for expenditures made under this ,act with respect to a major disaster or emergency by the ,state or ,states affected by the disaster or emergency44 #bje4 ,performance of services ,section #cjf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadi7 is amended-- 7#a7 in subsection 7b7 by striking ,in performing any services under this ,act1 and inserting ,subject to subsection 7c71 in performing any services under this ,act with respect to a major disaster or emergency2 and 7#b7 by adding at the end the following3 7c7 ,reimbursement agreement ,a ,federal agency may only incur costs with respect to compensation1 employment1 or obligations under subsection 7b7 in connection with a disaster or emergency if the ,federal ,government has entered into an agreement with the ,state or ,states affected by the major disaster or emergency for reimbursement of all such costs4 4 #bjf4 ,reimbursement agreements and conditions ,section #caa of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaed7 is amended to read as follows3 #caa4 ,reimbursement agreements and conditions 7a7 ,repayment ,assistance may only be provided under this ,act with respect to damage caused by a major disaster or emergency within the borders of a ,state if a ,state has agreed to reimburse the ,united ,states for all expenses incurred by the ,united ,states in providing such assistance4 ,such assistance1 including a loan or advance made under section #cai1 shall be repaid to the ,united ,states4 7b7 ,interest ,assistance provided under this ,act with respect to which a ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance1 including loans and advances made under this ,act1 shall bear interest at a rate determined by the ,secretary of the ,treasury1 taking into consideration the current market yields on outstanding marketable obligations of the ,united ,states with remaining periods of maturity comparable to the reimbursement period of the reimbursable assistance provided4 7c7 ,regulations ,the ,president shall issue regulations describing the terms and conditions under which any reimbursable assistance1 loan1 or advance authorized by this ,act may be provided4 4 #bjg4 ,treatment of assistance ,section #cab of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaee7 is amended to read as follows3 #cab4 ,treatment of assistance ,federal major disaster and emergency assistance provided to individuals and families under this ,act1 and comparable disaster assistance provided by ,states1 local governments1 and disaster assistance organizations1 shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs4 4 #bjh4 ,liability ,section #cag of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafj7 is repealed4 #bji4 ,advance of ,state expenditures ,section #cai of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafb7 is amended to read as follows3 #cai4 ,advance of ,state expenditures ,the ,president may lend or advance to a ,state assistance for which the ,state is responsible under section #djc of this ,act in any case in which the ,president determines that-- 7#a7 the damages caused by a major disaster are so overwhelming and severe that it is not possible for the ,state to assume immediately its financial responsibility under this ,act2 and 7#b7 the ,state has the ability to repay any such loans or advances4 4 #baj4 ,procedure for declaration of major disaster ,section #dja7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7;a77 is amended-- 7#a7 in the second sentence by inserting reimbursable after ,federal2 7#b7 in the third sentence by inserting before the period at the end and shall enter into an agreement to reimburse the ,united ,states for all expenses incurred in providing assistance under this ,act with respect to the disaster2 and 7#c7 in the fourth sentence by striking cost-sharing4 #baa4 ,general ,federal disaster assistance ,section #djb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;a7 is amended-- 7#a7 by striking ,in and inserting 7a7 ,general authority4--,subject to subsection 7b71 in2 7#b7 by striking 1 with or without reimbursement12 and 7#c7 by adding at the end the following3 7b7 ,reimbursement agreement ,assistance may only be provided under this section if the affected ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 4 #bab4 ,essential disaster assistance ,section #djc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b7 is amended-- 7#a7 in subsection 7a7 by striking ,federal agencies and inserting ,subject to subsection 7b71 ,federal agencies2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,reimbursement agreement ,assistance may only be provided under this section if the affected ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c7 by striking out of funds made available to carry out this ,act and inserting by the ,state2 7,b7 by striking paragraph 7#d72 7,c7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,d7 in paragraph 7#d7 7as so redesignated7 by striking ,not later than and all that follows through #aihh1 the and inserting ,the4 #bac4 ,hazard mitigation ,section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7 is repealed4 #bad4 ,repair1 restoration1 and replacement of damaged facilities ,section #djf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7 is amended to read as follows3 #djf4 ,repair1 restoration1 and replacement of damaged facilities ,the ,president may provide assistance to a ,state-- 7#a7 for the repair1 restoration1 reconstruction1 or replacement of a public facility which is damaged or destroyed by a major disaster and for associated expenses incurred by the ,state or a local government thereof2 or 7#b7 for the repair1 restoration1 reconstruction1 or replacement of a private nonprofit facility damaged or destroyed by a major disaster and for associated expenses incurred by the owner or operator of such facility1 if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 4 #bae4 ,debris removal ,section #djg of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7 by striking public interest1 and inserting public interest and if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing assistance under this subsection12 and 7,b7 in paragraph 7#b7 by striking make grants and all that follows through facility and inserting provide assistance to any ,state2 7#b7 in subsection 7b7 by striking or local government2 and 7#c7 by striking subsection 7d74 #baf4 ,temporary housing assistance ,section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7 is amended to read as follows3 #djh4 ,temporary housing assistance 7a7 ,provision of temporary housing ,the ,president may provide assistance to a ,state for the provision of temporary housing 7including unoccupied habitable dwellings71 suitable rental housing1 mobile homes1 or other readily fabricated dwellings to persons who1 as a result of a major disaster1 require temporary housing if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 7b7 ,mobile home site 7#a7 ,in general ,any mobile home or other readily fabricated dwelling provided under this section shall whenever possible be located on a site which-- 7,a7 is provided by the ,state or a local government2 and 7,b7 has utilities provided by the ,state or a local government1 by the owner of the site1 or by the occupant who was displaced by the major disaster4 7#b7 ,other sites ,mobile homes and other readily fabricated dwellings may be located on sites provided by the ,president if the ,president determines that such sites would be more economical or accessible than sites described in paragraph 7#a74 4 #bag4 ,unemployment assistance ,section #daj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagg7 is amended-- 7#a7 in subsection 7a7 by inserting before the period at the end and ensure that the ,united ,states will be reimbursed by the ,states for all expenses incurred in providing assistance under this subsection2 and 7#b7 in subsection 7b77#b7 by inserting before the period at the end if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 #bah4 ,crisis counseling assistance and training ,section #daf of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahc7 is amended-- 7#a7 by striking or local agencies or private mental health organizations to provide and inserting agencies to provide 7or to contract with local agencies or private mental health organizations for the provision of72 and 7#b7 by inserting before the period at the end if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such services and assistance4 #bai4 ,community disaster loans ,section #dag of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahd7 is repealed4 #bbj4 ,emergency communications ,section #dah of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahe7 is amended by inserting before the period at the end if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing assistance under this section4 #bba4 ,emergency public transportation ,section #dai of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahf7 is amended by inserting before the period at the end if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing assistance under this section4 #bbb4 ,fire suppression ,section #dbj7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg7;a77 is amended-- 7#a7 by striking including grants12 and 7#b7 by inserting before the period at the end if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing assistance under this section4 #bbc4 ,timber sale contracts ,section #dba7;d7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahh7;d77 is amended-- 7#a7 by striking make grants to any ,state or local government and inserting provide financial assistance to any ,state2 7#b7 by inserting after major disaster the following3 if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance2 7#c7 by striking or local government is and inserting is2 and 7#d7 by striking such grants and inserting assistance4 #bbd4 ,simplified procedure ,section #dbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi7 is repealed4 #bbe4 ,appeals of assistance decisions ,section #dbc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;a7 is repealed4 #bbf4 ,procedure for declaration ,section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting reimbursable after ,federal the first place it appears2 and 7,b7 by inserting and shall enter into an agreement to reimburse the ,united ,states for all expenses incurred in providing assistance under this ,act with respect to the emergency before the period at the end of the third sentence2 and 7#b7 in subsection 7b7 by striking or section #ejc4 #bbg4 ,federal emergency assistance ,section #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaib7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7 by striking ,in and inserting ,subject to subsection 7d71 in2 and 7,b7 in paragraph 7#a7 by striking 1 with or without reimbursement12 7#b7 in subsection 7b7 by striking ,whenever and inserting ,subject to subsection 7d71 whenever2 and 7#c7 by adding at the end the following3 7d7 ,reimbursement agreement ,assistance may only be provided under this section if the affected ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 4 #bbh4 ,amount of assistance ,section #ejc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaic7 is repealed4 #bbi4 ,applicability 7a7 ,effective date of amendments ,the amendments under this title shall be made on ,october #a1 #bjai1 and shall apply on and after such date1 except to the extent provided in subsection 7b74 7b7 ,inapplicability to disasters declared before effective date ,the provisions of law amended by this title1 as in effect on the day before the date referred to in subsection 7a71 shall continue to apply with respect to any major disaster or emergency that commences or occurs 7or is declared or determined to have commenced or occurred7 before the date referred in subsection 7a74 ,,iii ,,federal-,,aid ,,highways #cja4 ,national standard for ,state participation in disaster insurance program 7a7 ,withholding of apportionments for noncompliance ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,national standard for ,state participation in disaster insurance program 7a7 ,withholding of apportionments for noncompliance ,the ,secretary shall withhold an amount equal to #aj percent of the amount required to be apportioned to a ,state under each of paragraphs 7#a7 and 7#b7 of section #ajd7;b7 on ,october #a1 #bjba1 and on ,october #a of each fiscal year thereafter1 if the ,state does not meet the requirement of subsection 7b7 on that date4 7b7 ,requirement ,a ,state meets the requirement of this subsection if the ,state is a participant in the ,national ,disaster ,insurance ,corporation1 as determined pursuant to section #hba7;d7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7c7 ,effect of noncompliance ,no funds withheld under this section from apportionment to a ,state shall be available for apportionment to the ,state4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,national standard for ,state participation in disaster insurance program4 4 #cjb4 ,emergency relief program for repair of highways 7a7 ,condition on receipt of assistance ,section #abe of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,reimbursement agreements ,assistance may only be provided to a ,state under this section if the ,state agrees to reimburse the ,united ,states for all expenses incurred in providing such assistance4 ,there are hereby appropriated to the ,highway ,trust ,fund amounts equivalent to reimbursements received pursuant to this subsection4 4 7b7 ,effective date ,the amendment under subsection 7a7 shall be made on ,october #a1 #bjai1 and shall apply on and after such date1 except to the extent provided in subsection 7c74 7c7 ,inapplicability to disasters and emergencies declared before effective date ,section #abe of title #bc1 ,united ,states ,code1 as in effect on the day before the date referred to in subsection 7b71 shall continue to apply with respect to any disaster or emergency that commences or occurs 7or is declared or determined to have commenced or occurred7 before the date referred in subsection 7b74