Sec. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED FACILITIES
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## SEC. 205 ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED FACILITIES ###
(a)Contributions Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection
(a)and inserting the following: > > ### “(a) Contributions > > > #### “(1) In general > > The President may make contributions— > > > ##### “(A) > > to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and > > > ##### “(B) > > subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person. > > > #### “(2) Associated expenses > > For the purposes of this section, associated expenses shall include— > > > ##### “(A) > > the costs of mobilizing and employing the National Guard for performance of eligible work; > > > ##### “(B) > > the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and > > > ##### “(C) > > base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph
(1)that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster. > > > #### “(3) Conditions for assistance to private nonprofit facilities > > > ##### “(A) In general > > The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if— > > > ###### “(i) > > the facility provides critical services (as defined by the President) in the event of a major disaster; or > > > ###### “(ii) > > the owner or operator of the facility— > > > ###### “(I) > > has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and > > > ###### “(II) > > > ######
(aa)> > has been determined to be ineligible for such a loan; or > > > ###### “(bb) > > has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible. > > > ##### “(B) Definition of critical services > > In this paragraph, the term ‘**critical services**’ includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications, and emergency medical care. > > > #### “(4) Notification to congress > > Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify— > > > ##### “(A) > > the Committee on Environment and Public Works of the Senate; > > > ##### “(B) > > the Committee on Transportation and Infrastructure of the House of Representatives; > > > ##### “(C) > > the Committee on Appropriations of the Senate; and > > > ##### “(D) > > the Committee on Appropriations of the House of Representatives.” > . ###
(b)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
(b)and inserting the following: > > ### “(b) Federal Share > > > #### “(1) Minimum federal share > > Except as provided in paragraph (2), 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) Reduced federal share > > The President shall promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster— > > > ##### “(A) > > that has been damaged, on more than one occasion within the preceding 10-year period, by the same type of event; and > > > ##### “(B) > > the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility.” > . ###
(c)Large In-Lieu Contributions Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection
(c)and inserting the following: > > ### “(c) Large In-Lieu Contributions > > > #### “(1) For public facilities > > > ##### “(A) In general > > In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses. > > > ##### “(B) Areas with unstable soil > > In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government because soil instability in the disaster area makes repair, restoration, reconstruction, or replacement infeasible, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses. > > > ##### “(C) Use of funds > > Funds contributed to a State or local government under this paragraph may be used— > > > ###### “(i) > > to repair, restore, or expand other selected public facilities; > > > ###### “(ii) > > to construct new facilities; or > > > ###### “(iii) > > to fund hazard mitigation measures that the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster. > > > ##### “(D) Limitations > > Funds made available to a State or local government under this paragraph may not be used for— > > > ###### “(i) > > any public facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or > > > ###### “(ii) > > any uninsured public facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). > > > #### “(2) For private nonprofit facilities > > > ##### “(A) In general > > In any case in which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses. > > > ##### “(B) Use of funds > > Funds contributed to a person under this paragraph may be used— > > > ###### “(i) > > to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person; > > > ###### “(ii) > > to construct new private nonprofit facilities to be owned or operated by the person; or > > > ###### “(iii) > > to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person’s services and functions in the area affected by the major disaster. > > > ##### “(C) Limitations > > Funds made available to a person under this paragraph may not be used for— > > > ###### “(i) > > any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or > > > ###### “(ii) > > any uninsured private nonprofit facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).” > . ###
(d)Eligible Cost ####
(1)In general 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 the following: > > ### “(e) Eligible Cost > > > #### “(1) Determination > > > ##### “(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 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.)) applicable at the time at which the disaster occurred. > > > ##### “(B) Cost estimation procedures > > > ###### “(i) In general > > Subject to paragraph (2), the President shall use the cost estimation procedures established under paragraph
(3)to determine the eligible cost under this subsection. > > > ###### “(ii) Applicability > > The procedures specified in this paragraph and paragraph
(2)shall apply only to projects the eligible cost of which is equal to or greater than the amount specified in section 422. > > > #### “(2) Modification of eligible cost > > > ##### “(A) Actual cost greater than ceiling percentage of estimated cost > > In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph
(3)of the cost estimated under paragraph (1), the President may determine that the eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1). > > > ##### “(B) Actual cost less than estimated cost > > > ###### “(i) Greater than or equal to floor percentage of estimated cost > > In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph (1), but is greater than or equal to the floor percentage established under paragraph
(3)of the cost estimated under paragraph (1), the State or local government or person receiving funds under this section shall use the excess funds to carry out cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster. > > > ###### “(ii) Less than floor percentage of estimated cost > > In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than the floor percentage established under paragraph
(3)of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section shall reimburse the President in the amount of the difference. > > > ##### “(C) No effect on appeals process > > Nothing in this paragraph affects any right of appeal under section 423. > > > #### “(3) Expert panel > > > ##### “(A) Establishment > > Not later than 18 months after the date of the 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 and State and local government. > > > ##### “(B) Duties > > The expert panel shall develop recommendations concerning— > > > ###### “(i) > > procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industry practices; and > > > ###### “(ii) > > the ceiling and floor percentages referred to in paragraph (2). > > > ##### “(C) Regulations > > Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that establish— > > > ###### “(i) > > cost estimation procedures described in subparagraph (B)(i); and > > > ###### “(ii) > > the ceiling and floor percentages referred to in paragraph (2). > > > ##### “(D) Review by president > > Not later than 2 years after the date of promulgation of regulations under subparagraph
(C)and periodically thereafter, the President shall review the cost estimation procedures and the ceiling and floor percentages established under this paragraph. > > > ##### “(E) Report to congress > > Not later than 1 year after the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 2-year period thereafter, the expert panel shall submit to Congress a report on the appropriateness of the cost estimation procedures. > > > #### “(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.” > . ####
(2)Effective date **[**[42 U.S.C. 5172 note](/us/usc/t42/s5172)**]** The amendment made by paragraph
(1)takes effect on the date of the enactment of this Act and applies to funds appropriated after the date of the enactment of this Act, except that paragraph (1)(B) of section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by paragraph (1)) takes effect on the date on which the cost estimation procedures established under paragraph
(3)of that section take effect. ###
(e)Conforming Amendment Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (f ).
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Sec. 205
ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED FACILITIES
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